Patna High Court
Abham Kumar @ Abhay KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- BIBEK CHAUDHURI
Holding
Bail was denied and the appeal was dismissed.
Summary
The appellant, Abham Kumar, who was a juvenile at the time of allegedly committing murder, filed an appeal under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015 seeking bail after being in custody for about two years and four months. The trial court had framed charges on 18 October 2024 and only one witness had been examined. The State opposed bail, emphasizing the heinous nature of the offence and that the trial was proceeding in a Children Court. The High Court held that no changed circumstances were shown and, given the seriousness of the crime, bail could not be granted. Consequently, the appellant's bail prayer was refused and the appeal dismissed.
Issues considered
- Whether a juvenile accused of murder may be released on bail under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015.
- Whether prolonged pre‑trial detention without completion of trial constitutes a sufficient ground for bail in a juvenile murder case.
- Whether any changed circumstances exist that would justify granting bail to the appellant.
Legislation cited
Subjects
- bail
- juvenile justice
- murder
- children court
- pre‑trial detention
- changed circumstances
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4213 of 2025
Arising Out of PS. Case No.-681 Year-2023 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Abham Kumar @ Abhay Kumar S/o- Late Pankaj Kumar @ Pankaj Singh
R/v- Bhairwar Ps- Muffasil Lakho Dist- Begusarai
... ... Appellant/s
Versus
1. The State of Bihar
2. Sudhir Kumar Singh S/o- Anil Singh R/v- Bhairwar, W.no-1, Ps- Muffasil
Lakho Dist- Begusarai
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Akash Kumar Mishra
For the Respondent/s : Mr. Ramchandra Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL ORDER
3 01-05-2026 By filing the instant appeal under Section 101 (5) of
the Juvenile Justice (Care and Protection of Children) Act, 2015,
the appellant has renewed his prayer for bail on the ground that
the appellant was juvenile on the date of commission of offence
and he is in custody for about two years and four months.
2. Learned counsel for the appellant submits that in
the trial court, the charge was framed against the appellant on
18th October 2024 and till date only one witness has been
examined, therefore, considering the long incarceration of the
appellant he should be released on bail.
3. The learned Advocate on behalf of the State has
raised vehement objection against the prayer for bail. Since, the
Patna High Court CR. APP (SJ) No.4213 of 2025(3) dt.01-05-2026
2/2
appellant along with other co-accused allegedly committed
murder by resorting to gunshot injury to the son of the
informant and trial of the case is going on in the Children Court.
4. Considering the heinous nature of the offence, this
Court is not inclined to release the petitioner on bail.
5. No changed circumstances have been established
by the appellant, therefore, the appellant is dismissed and the
prayer for bail is refused.
(Bibek Chaudhuri, J)
suraj/-
U T
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