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Patna High Court

Nandan Singh @ Nandan Kumar @ Nandan Kumar singhversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court granted bail to the juvenile appellant, setting aside the lower court’s order denying bail.

Summary

The appellant, Nandan Singh, a juvenile aged below eighteen, was charged under IPC sections 341, 323, 302/34 for assaulting an informant's family, during which a co‑accused stabbed the informant's brother who later died. The appellant contended that, as a child in conflict with law, he is entitled to bail under the Juvenile Justice (Care and Protection of Children) Act, 2015, and that his continued detention since 29‑11‑2024 was unlawful. The State opposed bail, relying on the seriousness of the offences. The High Court examined the provisions of the Juvenile Justice Act, particularly sections 3(i), (iv), (v), (xiv) and 12, which make bail the rule and its denial an exception for juveniles. Finding that the lower court had not applied the statutory safeguards, the Court set aside the order of 08‑04‑2025 and granted bail subject to conditions including a father’s surety and an undertaking to keep the appellant away from criminal influences.

Issues considered

  • Whether a juvenile accused of offences including murder may be granted bail under the Juvenile Justice (Care and Protection of Children) Act, 2015.
  • Whether the lower court erred in denying bail to the appellant despite his status as a child in conflict with law.

Legislation cited

Subjects

  • juvenile justice
  • bail
  • child in conflict with law
  • Indian Penal Code
  • murder
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3357 of 2025
                       Arising Out of PS. Case No.-300 Year-2022 Thana- BANIAPUR District- Saran
                 ======================================================
                 Nandan Singh @ Nandan Kumar @ Nandan Kumar singh son of Sudarshan
                 Singh @ Gudi Singh @ Gudari Singh VIllage- Pithouri Takht, P.S.-
                 Baniyapur, District- Saran

                                                                                   ... ... Appellant/s
                                                       Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Krishna Kant Singh, Advocate
                 For the State           :        Mr.Abha Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   29-01-2026                    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 08.04.2025 passed by the

                   learned 1st Additional Sessions Judge, Saran at Chapra in

                   Baniyapur P.S. Case No. 300 of 2022 registered for the offence

                   under Sections 341, 323, 302/34 of the Indian Penal code.

                                3. As per prosecution case, when the informant along

                   with his family members were at their house, in the meantime,

                   the accused persons including the petitioner came there and

                   started assaulting them. The co-accused Jitendra Singh having

                   barchi in his hand pierced in the left side of the chest of

                   informant’s brother namely, Dhananjay Singh with intention to
Patna High Court CR. APP (SJ) No.3357 of 2025(3) dt.29-01-2026
                                             2/3




          kill him and due to which he sustained injury thereafter he was

          taken to hospital. The brother of the informant died during

          course of treatment.

                       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

          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

          29.11.2024 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 father of the

          appellant 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.
           Patna High Court CR. APP (SJ) No.3357 of 2025(3) dt.29-01-2026
                                                        3/3




                                  8. Considering the aforesaid facts, this application is

                     allowed and the order dated 08.04.2025, 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, Saran at Chapra/concerned Court

                     below in connection with Baniyapur P.S. Case No. 300 of 2022,

                     subject to the following conditions:-

                                                   (i) that one of the bailors should be the
                                     father of the appellant.
                                                   (ii) that the father 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)

P. Kumar

U     T


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