Patna High Court

HIMANSHU KUMARversusThe State of Bihar

Decided: 24 April 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The petitioner is permitted to raise his plea of juvenility before the concerned court without prejudice.

Summary

The petitioner, Himanshu Kumar, filed an application seeking permission to raise a plea of juvenility before the trial court handling the original criminal case. Counsel argued that the petitioner, being a minor at the time of the alleged offence, should be allowed to invoke the provisions relating to juveniles. The Hon'ble Justice Praveen Kumar considered the submission and granted the prayer, allowing the petitioner to raise the plea of juvenility before the concerned lower court. The court directed that the plea be considered on its own merits without any prejudice to the petitioner. It was clarified that the High Court did not express any opinion on the substantive merits of the underlying criminal case. The application was subsequently marked as withdrawn, with the liberty granted to the petitioner.

Issues considered

Whether the petitioner may be permitted to raise a plea of juvenility before the trial court.

Subjects

juvenility
criminal procedure
application
permission
lower court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18295 of 2026
                   Arising Out of PS. Case No.-536 Year-2018 Thana- BEGUSARAI MUFFASIL District-
                                                        Begusarai
                 ======================================================
                 HIMANSHU KUMAR S/o Ram Bachchan Chaudhri R/o Ward no. 17,
                 Paspura, P.S. - Muffasil Begusarai, Distt- Begusarai
                                                                             ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Keshav Bhardwaj, Advocate
                                                 Mr. Nikhil Kumar Agrawal, Advocate
                 For the Opposite Party/s :      Mr.Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   24-04-2026                   After some arguments, learned counsel for the

                   petitioner submits that he would be raising his plea of juvenility

                   before the concerned Court below.

                                 2. Prayer is allowed.

                                 3. The petitioner is permitted to raise his plea of

                   juvenility before the concerned Court below and the same be

                   considered on its own merits without being prejudiced.

                                 4. This application is disposed of as withdrawn with

                   the aforesaid liberty.

                                 5. It is made clear that this Court has not expressed

                   any opinion on the merits of this case.



                                              (Praveen Kumar, J)
shivam/-
U      T

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