Patna High Court
Suraj Kumar @ Surya Yadav @ Suraj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the juvenile appellant subject to specified conditions, setting aside the earlier order denying bail.
Summary
The appellant, Suraj Kumar, a juvenile assessed to be under eighteen at the time of the alleged murder of an informant's husband, had been in custody since 25‑08‑2024. He filed an application for bail, contending that under the Juvenile Justice (Care and Protection of Children) Act, 2015, bail is the rule and denial is the exception. The counsel relied on Sections 3(i), (iv), (v), (xiv) and 12 of the Act, emphasizing the appellant's status as a child in conflict with law and the lack of consideration by the lower court for his release. The High Court set aside the earlier order denying bail and granted bail on a bond of Rs.10,000 with two sureties, imposing conditions that the appellant’s father act as a bailor, provide an undertaking, the appellant cooperate with the trial, and that the lower court verify his clean antecedent. The order reflects the Court’s application of the juvenile justice framework to ensure the child's liberty while safeguarding trial participation.
Issues considered
- Whether a juvenile accused of murder is entitled to bail under the Juvenile Justice (Care and Protection of Children) Act, 2015.
- Whether denial of bail to a child in conflict with law constitutes an exception to the general rule of bail.
- Whether the conditions imposed by the Court are sufficient to satisfy the statutory requirements for release of a juvenile.
Legislation cited
- 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
- murder
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4683 of 2025
In
CRIMINAL REVISION No.61 of 2025
Arising Out of PS. Case No.-383 Year-2024 Thana- RANIGANJ District- Araria
======================================================
Suraj Kumar @ Surya Yadav @ Suraj Kumar Yadav S/O Ashok Kumar Yadav
R/o vill - Hasanpur, ward no. 3, P.S. - Raniganj, Distt.- Araria. Under
Guardianship of Father Ashok Kumar Yadav, S/o Braj Mohan Yadav, R/o vill
- Hasanpur, ward no. 3, P.S. - Raniganj, Distt.- Araria
... ... Appellant/s
Versus
1. The State of Bihar
2. Bigli Khatoon W/o Late Amraz Alam R/o vill - Badi Rampur, ward no. 3,
P.s.- Raniganj, Distt.- Araria
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Vijay Kishore Bharti, Advocate
For the Respondent/s : Mr.Anuj Kumar Shrivastava, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 02-02-2026 Heard learned counsel for the appellant and learned
APP for the State.
2. The present application has been filed on behalf of
the appellant
3. As per the prosecution case, the appellant along
with four accused is alleged to have killed informant’s husband.
4. Learned counsel for the appellant has submitted
that the petitioner 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
Patna High Court CR. APP (SJ) No.4683 of 2025(4) dt.02-02-2026
2/3
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
25.08.2024 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
petitioner 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.
8. Considering the aforesaid facts, this application is
allowed and the order dated 23.12.2024, is hereby set aside.
9. Let the appellant, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- with two sureties of the
like amount each to the satisfaction of the learned Court of 1st
Additional Sessions Judge-cum- Special Judge, Araria in
Special (Child) Case No. 11/2024 arising out of Raniganj P.S.
Case No. 383/2024, subject to the following conditions:-
(i) that one of the bailors should be the father of
Patna High Court CR. APP (SJ) No.4683 of 2025(4) dt.02-02-2026
3/3
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.
(iv) At the time of accepting the bail bonds of
the appellant, the Court below shall verify the statement of
the appellant that he has clean antecedent. The bail bonds
of the appellant shall only be accepted if it is found that he
has clean antecedent.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…