Juvenile granted bail alleged of being firearmed and hitting the deceased, upon furnishing the undertaking by the guardians for cooperating until the trial ends: High Court Of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEALNo.36421 Arising Out of PS. Case No. 509 Year 2019 Thana BIDUPUR District Vaishali ADITYA KUMAR @ ADITYA DEV S o Vishnu Dev Roy @ Ranjan Roy Vishnudev Kumar R o village Gopalpur P.S. Bidupur District Vaishali Minor under the Guardianship of his father Vishnu Dev Roy @ Rajan Roy Vishnudev Kumar R o village Gopalpur P.S. Bidupur District Vaishali The State of Bihar ... Appellant s ... Respondent s For the Appellant s For the Respondent s CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR Date : 27 10 2021 Mrs.Sudha Chandra Adv Mr.Binod Bihari Singh APP Let the defectbe removed within two weeks of the complete start of the physical Court 2. Heard the parties 3. This is an appeal under Section 101(5) of the Juvenile JusticeNo.36421 dt.27 10 2021 deceased. The impugned order reveals that prayer has been refused by observing “seeing the gravity of the matter and his direct involvement in the said heinous offence this Court does think it fit just proper and legal to admit the petitioner on bail Accordingly the bail petition of the petitioner is being rejected 6. Bail of a juvenile in conflict with law is considered in accordance with the provisions of Section 12 of the Juvenile Justice When any person who is apparently a child and is alleged to have committed a abailable or non bailable offence is apprehended or detained by the police or appears or brought before a Board such person shall notwithstanding anything contained in the Code of Criminal Procedure 1973or in any other law for the time being in force be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person Patna High Court CR. APPNo.36421 dt.27 10 2021 Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral physical or psychological danger or the persons release would defeat the ends of justice and the Board shall record the reasons for denying the bail and circumstances that led to such a decision. 2) When such person having been apprehended is not released on bail under sub section by the officer in charge of the police station such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a 3) When such person is not released on bail under sub sectionby the Board it shall make an order sending him to an observation home or a place of safety as the case may be for such period during the pendency of the inquiry regarding the person as may be specified in the order Patna High Court CR. APPNo.36421 dt.27 10 2021 4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order such child shall be produced before the Board for modification of the conditions of bail.” 7. A bare perusal of the provision aforesaid makes it abundantly clear that when a child is alleged to have committed a bailable or non bailable offenceof the J.J.B. Act) he would be entitled to be released on bail unless the case is covered by the proviso to the said Section 8. The learned Children Court has not recorded that the case of the appellant is covered under proviso to Section 12 of the said Act. Therefore only on the ground that heinous offence has been committed by the appellant prayer for bail should not have been refused against the mandate of the law. Therefor the impugned order is not sustainable. Accordingly the same is set 9. Let the appellant above named be released on bail on execution of surety bond by either of the parents of the appellant giving undertaking that they shall keep proper care and Patna High Court CR. APPNo.36421 dt.27 10 2021 upkeep of the appellant and shall fully cooperate in the pending 10. With the aforesaid observation this appeal stands (Birendra Kumar J

Summary: The Juvenile has been taken into custody for carrying firearms and hitting the deceased. It was pleaded in the court to grant them bail and consider the age of the appellant. The court allowed the appeal and granted bail to him upon the undertaking by the parents. The Hon’ble High Court of Patna before Mr. Justice Birendra Kumar in the Aditya Kumar v. The State of Bihar [CRIMINAL APPEAL (SJ) No.3648 Of 2021].  The facts of the case were that the appeal was filed under Section 101(5) of the Juvenile Justice (Care &amp; Protection of Children)Act, 2015 against refusal of the prayer for bail to the appellant. The appellant was declared to be the juvenile as per the records of the school documents and birth date on the aadhar card as well on the opinion of the Medical Board. He is alleged of hitting the deceased with a firearm. The bail of a juvenile in conflict with law is considered following the provisions of Section 12 of the Juvenile Justice (Care &amp; Protection of Children)Act. The act clearly states when a child is alleged to have committed a bailable or non-bailable offense. he would be entitled to be released on bail unless the case is covered by the proviso to the said Section. The learned Children Court has not recorded that the case of the appellant is covered under proviso to Section 12 of the said Act. Therefore, only on the ground that a heinous offense has been committed by the appellant, prayer for bail should not have been refused against the mandate of the law. The Hon’ble High court of Patna held,” Let the appellant, above named, be released on bail on the execution of surety bond by either of the parents of the appellant giving undertaking that they shall keep proper care and upkeep of the appellant and shall fully cooperate in the pending enquiry/trial.” The appeal was allowed on the mentioned terms.