Patna High Court
Saurabh Yadav @ Kallu YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed, and the appellant was not released.
Summary
The appellant, Saurabh Yadav, was alleged to have been hired to murder the deceased. He was a juvenile at the time of the alleged offence, being under eighteen years of age. The appellant sought bail, invoking Sections 3(i), (iv), (v), (xiv) and Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, arguing that bail is a rule and denial is an exception, especially since he had been in custody since 12‑08‑2024. The State opposed the bail on grounds of public safety. The High Court, after considering the submissions, held that releasing the appellant could expose him to bad company and therefore dismissed the bail application.
Issues considered
- Whether a juvenile in conflict with law is entitled to bail under the Juvenile Justice (Care and Protection of Children) Act, 2015.
- Whether the risk of the appellant falling into bad company justifies denial of bail.
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
- high court
- public safety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4982 of 2025
Arising Out of PS. Case No.-348 Year-2024 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Saurabh Yadav @ Kallu Yadav S/o Dharmendra Yadav R/o Village -
Pakwaliya, P.S.- Hussainganj, District - Siwan
... ... Appellant/s
Versus
1. The State of Bihar
2. Ajay Kumar S/o Late Nawal Kumar Ram R/o Village - Mahadeva Mission,
P.S - Mahadeva O.P, District - Siwan
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Raghav Prasad, Advocate
For the Respondent/s : Mr.Binay Krishna, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 03-02-2026 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 was hired
to kill the deceased.
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
Juvenile Justice (Care and Protection of Children) Act, 2015. He
Patna High Court CR. APP (SJ) No.4982 of 2025(2) dt.03-02-2026
2/2
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
12.08.2024 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 Spl. P.P. for the State has opposed the
prayer of the appellant.
8. Considering the aforesaid facts and from the
materials available on record, it appears that if the appellant is
released, then he will fall in bad company, hence, this
application is dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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