Pankaj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.790 of 2025 Arising Out of PS. Case No.-21 Year-2024 Thana- BABUBARHI District- Madhubani ====================================================== Pankaj Kumar Yadav S/O Mahendra Yadav Resident of village-Dhau-sahi, P.S. Phulparas, District- Madhubani,Under guardianship of his father namely Mahendra Yadav (male) Son of KhushilalYadav, Resident village - Dhausahi, P.S - Phulparas District-of Madhubani. . - ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ravi Prakash, Adv.

For the Respondent/s :

Mr. Zeyaul Hoda, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 24-04-2025 This is an appeal under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015, praying for bail of the appellant, who is at present aged about 17 years and booked for committing offence under Section 394 of the I.P.C. and 27 of the Arms Act.

2. The appellant was arrested on the basis of a confessional statement of co-accused, who is not admissible against an appeal. Nothing has been recovered from his possession. He was not identified by the informant or the witnesses.

3. Learned Advocate on behalf of the appellant refers to two orders passed by a Coordinate Bench in Cr. Misc. No. 60337 of 2024, dated 4th September, 2024 and Cr. Misc. No. 14763 of 2025, dated 28th February, 2025, where the Coordinate

Patna High Court CR. APP (SJ) No.790 of 2025(2) dt.24-04-2025 2/2 Bench granted bail in favour of the accused.

4. In view of the above mentioned factual circumstances and following the principle laid down in Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015, this Court is inclined to release the appellant on bail in connection with Babubarhi P.S. Case No. 21 of 2024 on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, one of whom must be one of the parents of the appellant, to the satisfaction of learned Juvenile Justice Board, Madhubani, with further condition that if on bail, the jurisdictional Probation Officer shall remain in touch with the appellant and submit quarterly report to the learned Juvenile Justice Board, Madhubani about the antecedent of the appellant.

5. If any adverse report is received, the Juvenile Justice Board is at liberty to cancel the order of bail of the appellant without further reference to this Bench.

6. The instant criminal appeal is allowed by the said order.

(Bibek Chaudhuri, J) pravinkumar/- U T