Patna High Court
AversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted to the juvenile accused of murder and related offences.
Summary
The appellant, a juvenile, was charged with looting a jewellery shop and murdering the owner, along with seven other alleged offences in Patna. He filed an application for bail against the order of the Special Judge dated 08.05.2025. The High Court examined whether bail could be granted to a minor accused of serious crimes under Sections 302/34 of the IPC and Section 27 of the Arms Act. Noting the appellant's alleged involvement in multiple crimes and the risk of him associating with habitual criminals if released, the Court was not persuaded to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail can be granted to a juvenile accused of murder and other serious offences under the IPC and Arms Act
- Whether the risk of the juvenile's contact with habitual criminals justifies denial of bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- juvenile
- murder
- IPC
- Arms Act
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3445 of 2025
Arising Out of PS. Case No.-1294 Year-2021 Thana- KANKARBAG District- Patna
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A S/O YYY Resident of Kewali (Raghunathpur), Ps- Danapur, Dist- Patna
under the natural guardianship of his father namely, Bhulan Yadav, aged 28
years son of chino yadav, Resident of Kewali (Raghunathpur), Ps- Damara,
Dist- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Sunny Kumar son of Nand Kishore Ray Resident of Village - Lallu Pokhar,
Ps- kashim Bazar, Dist- Munger, P/A- Shanti Market Kumhrar, Ps-
Alamganj, Dist- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sunil Kumar Pathak, Advocate
For the State : Mr.Zeyaul Hoda, 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 08.05.2025 passed by the
learned Special Judge, Children Court-cum-Additional District
and Sessions Judge-1st, Patna in Special (Child) Case No. 15 of
2024 arising out of Kankarbagah P.S. Case No. 1294 of 2021
registered for the offence under Sections 302/34 of the Indian
Penal code and under Section 27 of the Arms Act.
3. As per the prosecution case, the appellant is alleged
to be involved in looting of jewellary shop and killing of the
Patna High Court CR. APP (SJ) No.3445 of 2025(3) dt.29-01-2026
2/2
deceased.
4. Though the appellant is a juvenile but he is accused
of looting a jewellary shop and killing. He is also accused in
seven more cases for committing crime in the town of Patna. It
appears that the juvenile has been involved in crime since long
and if he is released on bail then he would come in the contact
with habitual criminals.
5. In view of the above, I am not inclined to grant bail
to the appellant.
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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