Patna High Court
Abren KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court held that bail must be granted to the juvenile, setting aside the lower court’s order.
Summary
Abren Kumar, a juvenile aged under eighteen, was charged with murder under IPC sections 302/34 and the Arms Act section 27. He had been detained since September 2022. The appellant sought bail, invoking the Juvenile Justice (Care and Protection of Children) Act, 2015, arguing that bail is a rule for juveniles and denial is an exception. The High Court examined the provisions of the JJ Act, particularly sections 3(i), (iv), (v), (xiv) and 12, and found that the lower court had failed to consider the statutory entitlement to bail for a child in conflict with law. Consequently, the Court set aside the lower court’s order and granted bail subject to conditions, including the father’s undertaking to care for the appellant.
Issues considered
- Whether a juvenile accused of murder under IPC 302/34 and Arms Act 27 is entitled to bail under the Juvenile Justice (Care and Protection of Children) Act, 2015.
- Whether the denial of bail to a child in conflict with law is an exception to the general rule of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
- 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
- IPC
- Arms Act
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5152 of 2025
Arising Out of PS. Case No.-202 Year-2022 Thana- GWALPARA District- Madhepura
======================================================
Abren Kumar Son of Amir Lal Mahto @ Amir Mahto Resident Of Village-
Sinduwari Bintoli Ward No 14, PS- Gwalpra District -Madhepura
... ... Appellant/s
Versus
The State of Bihar bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Uday Chand Prasad
Ms.Pooja Prasad
Mr. Manoj Kumar
For the Respondent/s : Mr. Satyendra Narayan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-01-2026 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 17.11.2025 passed by the
learned District and Additional Sessions Judge, 1st-cum-Special
Judge, Children Court-cum-SC/ST Act in Children Case No. 14
of 2024 arising out of Gwalpara P.S. Case No. 202 of 2022
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
accused in a case a case of murder.
4. Learned counsel for the appellant has submitted
that the appellant has been held to be juvenile and on the date of
Patna High Court CR. APP (SJ) No.5152 of 2025(2) dt.20-01-2026
2/3
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
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
25.09.2022 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
appellant 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 17.11.2025, is hereby set aside.
9. Let the appellant, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- each with two sureties of
the like amount each to the satisfaction of the learned District
Patna High Court CR. APP (SJ) No.5152 of 2025(2) dt.20-01-2026
3/3
and Additional Sessions Judge-1st-cum-Special Judge, Children
Court-cum-SC/ST Act/concerned Court below in connection
with Children Case No. 14 of 2024 arising out of Gwalpara P.S.
Case no. 202 of 2022, subject to the following conditions:-
(i) that one of the bailors should be the
father of 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.
(Sandeep Kumar, J)
P.Kumar
U
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