Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the appellant under Section 101(5) of the Juvenile Justice Act, 2015.
Summary
Vivek Kumar was arrested in connection with a dacoity alleged under Section 395 of the Indian Penal Code, involving theft of gold, silver ornaments and cash, and firearm injuries. He was not named in the FIR and has been in custody since 12‑08‑2024, with the prosecution’s case relying solely on a co‑accused’s confessional statement and no physical incriminating material linking him to the crime. The appellant sought bail under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015, arguing the lack of prima facie evidence. The State opposed bail. The Court held that, absent any material evidence and with the charge‑sheet already filed, the appellant was entitled to bail, subject to a bond of Rs.10,000 with two sureties and conditions under the Juvenile Justice Act. Consequently, the appellant was released on bail.
Issues considered
- What is the appropriate bail disposition for an accused under Section 395 IPC when no incriminating material is found and the case rests on a co‑accused’s confession?
- Does Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015, permit granting bail in such circumstances?
Legislation cited
- Indian Penal Code — s. 395
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 101(5)
Subjects
- bail
- juvenile justice
- Section 395 IPC
- confessional statement
- no incriminating material
- charge sheet
- Section 101(5)
- dacoity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2949 of 2025
Arising Out of PS. Case No.-213 Year-2022 Thana- CHAKIA District- East Champaran
======================================================
Vivek Kumar Son of Nawal Rai @ Nawal Kishore Rai R/o Village- Koyala
Belwa, P.S.- Chakia, District- East Champaran. ... ... Appellant/s
Versus
The State of Bihar. ... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sheo Jee Mishra, Advocate
For the Respondent/s : Mr.Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 05-02-2026 Heard learned counsel appearing on behalf of the
appellant and learned counsel appearing on behalf of the State.
2. The appellant has preferred the present appeal under
101(5) of the Juvenile Justice (Care and Protection of Children)
Act, 2015 against order dated 04.04.2025 passed by learned
District and Additional Sessions Judge-1-Cum-Special Judge
Children’s Court, Motihari in Children Trial No. 03/2025, in
connection with Chakia P.S. Case No. 213 of 2022 registered for
the offence under Section 395 of the Indian Penal Code.
3. The accused/appellant is not named in the F.I.R. and
is in custody since 12.08.2024.
4. The allegation against the appellant is to commit
dacoity alongwith other co-accused persons, while committing so
looted 7 Kg of gold made ornaments, 50 Kg of Silver made
ornaments and 60,000/- cash from the jewellery shop of the
Patna High Court CR. APP (SJ) No.2949 of 2025(3) dt.05-02-2026
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informant. It is further alleged that firearm injury was caused to
staffs of the shop and also indiscriminate firing was made during
the course of occurrence.
5. Learned counsel appearing on behalf of the appellant
submitted that the name of appellant surfaced during the course of
investigation on the basis of confessional statement of co-accused,
namely, Pankaj Kumar, where in furtherance of which no
incriminating material recovered/surfaced to connect petitioner
prima facie with present occurrence of dacoity. It is submitted that
appellant not put on TIP as yet. While concluding the argument, it
is submitted that appellant found involved in two more criminal
cases.
6. Learned APP, opposes the prayer of bail.
7. Considering the facts and circumstances as
mentioned above as save and except self confession, no
incriminating material recovered/surfaced from appellant to
connect him prima facie with the present occurrence of robbery,
coupled with the fact that charge-sheet has already submitted,
where appellant is in custody since 12.08.2024, accordingly,
appellant above named, is directed to be released on bail in
connection with Chakia P.S. Case No. 213 of 2022 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. APP (SJ) No.2949 of 2025(3) dt.05-02-2026
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of the like amount each to the satisfaction of learned District and
Additional Sessions Judge-1-Cum-Special Judge Children’s Court,
East Champaran, Motihari /concerned Court, subject to the
conditions as mentioned under Section 101(5) of the Juvenile
Justice (Care and Protection of Children) Act, 2015.
(Chandra Shekhar Jha, J)
veena/-
U T
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