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Patna High Court

AversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                 ======================================================
                 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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