Patna High Court
Nandan Singh @ Nandan Kumar @ Nandan Kumar singhversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 302, 323, 34, 341
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 12, 3(i), 3(iv), 3(v), 3(xiv)
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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