- (1.) Having heard learned counsel appearing for the petitioner and learned counsel appearing for the State and on perusal of the record. I do find that the petitioner on an accusation that he committed murder of Ringkesh Kumar Mandal was remanded in the case. As the petitioner was a juvenile, he was sent to remand home. Subsequently, an application for bail was filed which was rejected by the Principal Magistrate, Sahibganj whereas one of the members of the Juvenile Justice Board passed an order for release of the petitioner on bail. As the order passed by the Principal Magistrate prevailed, an appeal was filed by the petitioner before the learned Sessions Judge, Sahibganj which was also dismissed after holding that the petitioner being relative of a criminal would come in association with the known criminals and would expose him to moral, physical or psychological danger but that finding seems to have been recorded without there being any basis whereas in social investigation report it has been mentioned that mother of the petitioner is an employee of Railway and the petitioner is intending to pursue his studies but all these things were not taken into account by the Principal Magistrate and also by the learned Sessions Judge, Sahibganj and hence, the orders passed by them are hereby set aside. Accordingly, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Principal Magistrate, Juvenile Justice Board, Sahibganj in Sahibganj Town P.S. case No. 86 of 2011 (G.R. No. 209 of 2011) on giving undertaking by the mother of the petitioner that she would not allow the petitioner to come in association of the criminals.
(2.) This application stands allowed.;