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 & 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 & 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.
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Judgment Reviewed By Nimisha Dublish
