IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.867 of 2011 Pappu Yadav, son of Prakash Yadav, resident of Village- Amgarwara, P.S. Belhar, Dist. Banka. … Petitioner. Versus The State Of Bihar .. Opp. Party ----------- 3. 02.09.2011 The accused- petitioner has preferred this revision application under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against the order dated 9.6.2011 passed by learned 4th Additional Sessions Judge, Bhagalpur in Cr. Appeal No. 26 of 2011 by which the order dated 1.3.2011 passed by learned Juvenile Justice Board, Banka in G. R. No. 1799 of 2010 arising out of Belhar P. S. Case No. 152 of 2010 for the offence punishable under Sections 302/34 I.P.C. and 27 of the Arms Act has been confirmed and the appeal has been dismissed. The prayer for bail of the petitioner has also been rejected. Learned counsel for the petitioner submits that the petitioner has been declared juvenile by the Juvenile Justice Board and his prayer for bail was rejected on 1.3.2011. Thereafter, the petitioner filed Cr. Appeal No. 26 of 2011 which has been rejected by the learned Sessions Judge on the ground that if 2 the petitioner is released, he will go into the association of any known criminals. He has further submitted that the petitioner has been in custody since 24.11.2010. There is no material on record to show that the release of the petitioner would defeat the ends of justice. The petitioner has no criminal antecedent. He has further submitted that the father of the petitioner will take care and produce him before the Juvenile Justice Board if and when required. Learned A.P.P. for the State could not controvert the contention of the petitioner while opposing the prayer. A report was also called for from the Probation Officer through the Juvenile Justice Board which has been received vide Memo No. 78 dated 8.8.2011. After hearing learned counsel for both the parties and on perusal of material on record, it appears that the petitioner has no criminal antecedent. There is no material on record to show that the release of the petitioner will defeat the ends of justice. There is also no material on the record to show that there is reasonable ground for believing 3 that that the release of the petitioner is likely to bring him into association with any known criminal or expose him to moral, physical, psychological danger. Considering the facts and circumstances, in my opinion, the impugned order is not fit to be sustained. It is set aside. The above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Banka in connection with G. R. No. 1799 of 2010 arising out of Belhar P. S. Case No. 152 of 2010 with following conditions;- (i) One of the bailors must be the father of the petitioner. (ii) The father of the petitioner will take care of the petitioner and he will produce the petitioner in the Court if and when required. In case of absence on two consecutive dates, his 4 bail bonds would be liable to be cancelled. (iii) The petitioner will not indulge himself in similar or in any other offence. (iv) In case of violation of the terms and conditions of bail, the bail bond of the petitioner will be liable to be cancelled by the learned Juvenile Justice Board and he will be liable to be taken into custody. In the result, this revision application is allowed. Let a copy of this order be sent to the Court below through Fax at the cost of the petitioner. Kanchan (Amaresh Kumar Lal, J.)