IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.883 of 2010 NIRANJAN SINGH S/O KRISHAN NATH SINGH Versus STATE OF BIHAR ----------- 05. 04.08.2010 Heard both sides. Petitioner, who has been declared juvenile is aggrieved by the two orders passed by learned Courts below whereby his prayer for release on bail has been considered and rejected. Petitioner is facing accusations under Sections 302 and 201/34 of the Penal Code. His name appeared in the case on the basis of a confessional statement made by co-accused Rajeev Singh. It is stated that other accused persons named by Rajeev Singh are on bail. In this regard reliance has been placed on Annexure-4/1. Father of the petitioner has filed a supplementary affidavit stating therein that he shall take custody of the petitioner and will constantly monitor him during the period he is on bail. It is further stated that petitioner was a regular student of I.Sc. (Math) but could not take the exam due to his implication in this case. It has further been stated that father of the petitioner would ensure production of the petitioner before the District Probation Officer, Rohtas at Sasaram on regular interval. Learned Principal Magistrate in his order has recorded that the report of the Probationer officer indicates that he has no criminal antecedents. Having regard to the aforesaid facts particularly the undertaking of the father of the petitioner (deponent of the present affidavit), this Court is inclined to direct for his release. 2 Consequently, the impugned order dated 10.03.2010 passed by learned Juvenile Justice Board, Rohtas at Sasaram in Sasaram (Tilauthu) P.S. Case no. 106 of 2010, G.R.No.284 of 2010, J.J.B. No. 485 of 2010 and order dated 13.05.2010 passed by learned Sessions Judge, Rohtas at Sasaram in Cr. Appeal no. 12 of 2010 are hereby quashed and set aside. Petitioner, named above, during the pendency of this application, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Rohtas at Sasaram in Sasaram ( Tilauthu) P.S. Case no. 106 of 2010, G.R.No. 284 of 2010, J.J.B. No. 485 of 2010, subject to the following conditions:- (i) One of the bailors shall be the father of the petitioner. (ii) The father of the petitioner shall file an affidavited undertaking in the Court below in the terms indicated hereinabove. (iii) During the pendency of this application, if it is found that the petitioner has involved himself in any criminal case, the same shall be treated as breach of the conditions of bail passed by this Court and the Court below shall cancel the bail bond(s) of 3 the petitioner and secure his arrest in accordance with law. Sym ( Kishore K. Mandal, J.)