Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court set aside the lower court’s denial of bail and granted bail to the juvenile with conditions.
Summary
Shivam Kumar, a juvenile accused of murder, was detained since 27‑02‑2024. He filed an application before the Patna High Court challenging the order of the 1st Additional Sessions Judge‑cum‑Special Judge, Children Court, Sitamarhi, which had denied him bail. The appellant’s counsel argued that under the Juvenile Justice (Care and Protection of Children) Act, 2015, bail is the rule for a child in conflict with law and denial is an exception, relying on Sections 3(i), (iv), (v), (xiv) and 12 of the Act. The High Court held that the lower court had failed to consider these statutory provisions and set aside its order. The court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions that the guardian furnish an affidavit undertaking proper care and that the appellant cooperate with the trial.
Issues considered
- Whether a juvenile accused of murder can be denied bail under the Juvenile Justice (Care and Protection of Children) Act, 2015
- Whether the lower court correctly applied Sections 3 and 12 of the Juvenile Justice Act in refusing bail
Legislation cited
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 12, 3(i), 3(iv), 3(v), 3(xiv)
Subjects
- juvenile justice
- bail
- murder
- child in conflict with law
- Children Court
- Section 12
- Section 3
- high court
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2272 of 2025
Arising Out of PS. Case No.-315 Year-2023 Thana- SUPPI District- Sitamarhi
======================================================
Shivam Kumar S/O Awadh Kishore Paswan R/O Village- Simardah kala Ward
no- 14, P.s- Suppi, Dist- Sitamarhi, Through its guardian Santosh
PAswan,Male aged 39 yrs, son of Satahu Paswan , resident of Village-
Kgarsan, P.S- Riga, Dist- Sitamarhi
... ... Appellant/s
Versus
The State of Bihar patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Madhubala Verma
For the Respondent/s : Mr.Anita Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-01-2026 Heard learned counsel for the appellant and learned
APP for the State.
2. The present application has been filed on behalf of
the appellant against the order dated 7.1.2025 passed by the
learned 1st Additional Sessions Judge-cum-Special Judge,
Children Court, Sitamarhi in Tr. No. 22 of 2024 arising out of
Suppi P.S. Case No. 315 of 2023.
3. As per the prosecution case, the appellant is
accused in a case of murder.
4. Learned counsel for the appellant has submitted
that the appellant has been held to be juvenile and on the date of
occurrence he has been assessed to be less than eighteen years.
5. Learned counsel for the appellant further relies
Patna High Court CR. APP (SJ) No.2272 of 2025(2) dt.08-01-2026
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upon the provisions of the Section 3(i), (iv), (v) and (xiv) of the
Juvenile Justice (Care and Protection of Children) Act, 2015. He
also relies upon Section 12 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 and has submitted that bail is
a rule and denial of bail to a juvenile is an exception.
6. He further submits that though the appellant is a
child in conflict with law but he has remained in jail since
27.02.2024 and the Court below has not considered the law with
regard to the release of juvenile under the Juvenile Justice (Care
and Protection of Children) Act, 2015.
7. Learned counsel for the appellant further submits
that family members of the appellant including the the
guardian of the appellant/Santosh Paswan will take care of the
appellant so that he may not do any further crime and he may
not remain in the company of the criminals.
8. Considering the aforesaid facts, this application is
allowed and the order dated 7.1.2025, is hereby set aside.
9. Let the appellant, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- each with two sureties of
the like amount each to the satisfaction of the learned 1 st
Additional Sessions Judge-cum-Special Judge, Children Court,
Sitamarhi/concerned Court below in connection with Tr. No. 22
Patna High Court CR. APP (SJ) No.2272 of 2025(2) dt.08-01-2026
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of 2024 arising out of Suppi P.S. Case No. 315 of 2023 subject
to the following conditions:-
(i) that one of the bailors should be the
the guardian of the appellant/Santosh Paswan of
the appellant.
(ii) that the the guardian of the
appellant/Santosh Paswan of the appellant shall
file an affidavit before the concerned Court below,
giving specific undertaking that after release of the
appellant on bail, he will take proper care of the
appellant and will not allow him to fall into bad
company.
(iii) The appellant will co-operate in the
trial in the Children Court. He will appear
personally or through his lawyer. Any default in the
same will result in the cancellation of the bail
bonds of the appellant.
(Sandeep Kumar, J)
Vikas/-
U
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