Patna High Court
ANAND KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is maintainable for a minor and is granted subject to the stipulated conditions.
Summary
Anand Kumar, a 16‑year‑old minor, applied for anticipatory bail in a case involving offences under IPC sections 341, 323, 302, 504, 120(B), 34 and Arms Act section 27. The petitioner argued that anticipatory bail is maintainable for minors, relying on a prior decision of the Patna High Court (Rohit Kumar Yadav v. State of Bihar). The State and the informant opposed, contending that the petitioner’s age should be determined by the Juvenile Justice Board and that bail might prejudice the prosecution. The Court examined the earlier precedent and similar bail orders granted to co‑accused, and held that anticipatory bail can be granted to a minor, subject to conditions. Accordingly, the Court ordered release on anticipatory bail with a Rs 10,000 bond and two sureties, one of whom must be the petitioner’s mother, while clarifying that the bail order does not affect the Juvenile Justice Board’s jurisdiction to assess age.
Issues considered
- Whether anticipatory bail is maintainable when the applicant is a minor.
- Whether a minor accused of serious offences including murder can be granted anticipatory bail.
- Whether granting anticipatory bail interferes with the Juvenile Justice Board’s power to determine the petitioner’s age.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 482(2)
- Indian Penal Code — s. 120B, 302, 323, 34, 341, 504
Subjects
- anticipatory bail
- minor
- juvenile justice
- Indian Penal Code
- Arms Act
- Section 482
- Bihar High Court
- age assessment
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17920 of 2026
Arising Out of PS. Case No.-348 Year-2024 Thana- NAUBATPUR District- Patna
======================================================
ANAND KUMAR Son of Dharmendra Sharma @ Dharmendra Kumar Under
the Guardianship of his Mother Guriya Devi, W/o Dharmendra Kumar @
Dharmendra Sharma, Resident of Village - Samanpura, P.S.- Naubatpur,
District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shankar Pathak, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
For the Informant : Mr. Sumit Kumar, Advocate
Mr. Mukul Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 23-06-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 341, 323,
302, 504, 120(B) and 34 of the Indian Penal Code read with
Section 27 of the Arms Act.
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3. Learned counsel for the petitioner submits that
petitioner is a minor aged about 16 years and has antecedent of
one case which was also instituted from the side of the
informant and he has preferred the instant anticipatory bail
application under the guardianship of his mother, Guriya Devi.
4. It is next submitted that a learned Co-ordinate
Bench in Criminal Miscellaneous No. 43991 of 2024 (Rohit
Kumar Yadav Vs. The State of Bihar) has held at Para 61 that
anticipatory bail application, at the instance of minor, is
maintainable.
5. The Court has gone through the order dated
12.09.2025 in Criminal Miscellaneous No. 43991 of 2024 and
after perusing Paras 58, 59, 60 and 61 is in agreement that
anticipatory bail at the instance of minor is maintainable.
6. Learned counsel for the petitioner next submits that
informant alleges that his son Shubham went to Naubatpur for
some domestic work on 27.06.2024 and talked to his mother at
04:32 PM, but did not return, hence informant and his wife
started searching Shubham and saw his motorcycle parked near
Narayanpur Field Canal Road, further they heard cry of
someone at some distance, accordingly, the informant reached
the place of occurrence and saw petitioner and other named
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accused persons were surrounding his son and informant being
frightened fell on the ground, further Dharmendra and Sunny
shot Shubham, hence informant ran towards his son when
Dharmendra said to kill him also, thereafter, Sunny, Ramu and
Ritik fled towards the lake on a bike while Dharmendra also
fled and informant’s wife saw Golu fleeing from the place of
occurrence, further Shubham was brought to AIIMS, Patna
where he was declared dead, it is next alleged that the reason for
the occurrence is that the deceased was not relenting to
withdraw Naubatpur P.S. Case No. 325 of 2024 instituted
against the petitioner and others.
7. The learned counsel appearing on behalf of the
petitioner submits that from perusal of the allegation as alleged
in the FIR, it would manifest that specific allegation of firing is
against Dharmendra and Sunny. It is next submitted that
petitioner is alleged to have been present at the place of
occurrence and was carrying gun, but then it is not alleged that
petitioner also fired. It is further submitted that Dharmendra is
father of the petitioner and Dharmendra is alleged to have fired
along with Sunny killing the deceased. It is next submitted that
it does not appear probable that father would have asked his
minor son to accompany him with gun for committing the
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occurrence.
8. It is next submitted by the learned counsel
appearing on behalf of the petitioner that similarly situated co-
accused had approached this Court seeking anticipatory bail by
filing Criminal Miscellaneous No. 36616 of 2025 (Bijendra
Sharma @ Bijendra Kumar Vs. The State of Bihar) and the
same came to be allowed by a learned Co-ordinate Bench by an
order dated 18.06.2025, further Golu Kumar had filed Criminal
Miscellaneous No. 80033 of 2024 seeking anticipatory bail and
the same also came to be allowed by a learned Co-ordinate
Bench by an order dated 31.01.2025. It is further submitted that
if privilege of anticipatory bail is granted, the petitioner will not
abscond rather will cooperate in the investigation to prove his
innocence. It is also asserted and submitted that petitioner will
also not run away from the trial in the event if charge sheet is
submitted.
9. Learned A.P.P. for the State as well as the learned
counsel appearing on behalf of the informant opposes the
anticipatory bail application of the petitioner. Learned counsel
appearing on behalf of the informant submits that though
petitioner has moved this Court seeking anticipatory bail as a
minor, but then it might be a possibility that petitioner is not a
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minor rather is a major and the same shall be assessed by the
Juvenile Justice Board. It is also submitted that petitioner falls
in the age group of 16-18 years, as such, if privilege of
anticipatory bail is granted, considering the petitioner to be a
minor, in that event the case of the prosecution might get
prejudiced, on which learned counsel appearing on behalf of the
petitioner submits that in the event if the Juvenile Justice Board
holds the petitioner to be a major that would be a different
aspect of the matter and assessment of the petitioner i.e. whether
he is a minor or a major or shall be tried by Children Court or
general Court is an aspect which shall be decided by the
Juvenile Justice Board.
10. After hearing the learned counsel for the parties
and taking into consideration the submissions made by the
learned counsel appearing on behalf of the petitioner, the
petitioner above-named, in the event of his arrest or surrender
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
is pending/successor court in connection with Naubatpur P.S.
Case No. 348 of 2024 subject to the conditions as laid down
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under Section 482 (2) of BNSS.
11. One of the bailors of the petitioner shall be his
mother, Guriya Devi.
12. Accordingly, the instant anticipatory bail
application stands allowed.
13. It is made clear that grant of anticipatory bail
considering the petitioner a minor in no way shall come in the
way of Juvenile Justice Board in assessing the age of the
petitioner.
(Satyavrat Verma, J)
Rishabh/-
U T
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