X (Juvenile In Conflict With Law) v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1306 of 2025 Arising Out of PS. Case No.-887 Year-2024 Thana- NAWADA District- Nawada ====================================================== X (Juvenile In Conflict With Law), Son of Late Anil Kumar @ Anil Yadav, Resident of Village - Sandohra, P.S. - Mufassil, District - Nawadah, through natural mother namely Sita Devi, Wife of Late Anil Kumar ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Arun Kumar, Advocate For the Respondent/s :

Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 24-04-2025 The CICL was apprehended in connection with Nawada Town FIR No. 5136013240887, dated 3rd of August, 2024, for committing offence under Sections 180(2), 109, 103(1), 61(2), and 3(5) of the BNS, on the basis of a statement made by one Nawal Kumar Yadav. In his statement, it is stated by Nawal Kumar Yadav before on-duty police officer that he had a longstanding land dispute with one Rahul Pandey, Rudra Devi, Arti Kumari and others. About 5 days after the occurrence, the said Rahul Pandey threatened the informant with dire consequences. On 13th of August, 2024, he got information that his son, Rahul Kumar, received stab injury on his forearm in front of a Mahavir Mandir, Nawada. Hearing the incident, the informant and others rushed to the spot and found Rahul Kumar in injured condition there. While he was being shifted to hospital, the said Rahul Kumar made an extrajudicial

Patna High Court CR. APP (SJ) No.1306 of 2025(2) dt.24-04-2025 2/2 confession that Anuj Kumar and Ankit Kumar assaulted him with the help of a knife. Subsequently, the CICL was arrested. He made a statement confessing his guilt before the investigating officer, which is, of course, not admissible in evidence.

2. However, involvement of the appellant in the offence cannot be ruled out because of the fact that the deceased made an extrajudicial confession before his father and brother, implicating CICL as the assailant. The deceased died of the said injury.

3. The appellant is more than 17 years of age. He has normal knowledge and understanding as to the effect of stab injury.

4. Considering such circumstances, coupled with the fact that there is direct allegation against the appellant. I am not inclined to release him on bail. The order passed by the learned Special Judge, Children Court, is affirmed.

5. Accordingly, the instant appeal is dismissed. (Bibek Chaudhuri, J) uttam/- U T