Prince Kumar @ Pistal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1680 of 2025 Arising Out of PS. Case No.-539 Year-2024 Thana- ARARIA District- Araria ====================================================== Prince Kumar @ Pistal Yadav Son of Pramod Kumar @ Pramod Kumar Yadav R/o Vill.- Rajganj, Ward No. 10, P.S.- Bihariganj, District- Madhepura ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Pawan Kumar, Advocate For the Respondent/s :

Ms. Abha Singh, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-09-2025 Heard the parties.

2. The present application has been filed against the order dated 20.03.2025 passed by the learned Additional Sessions Judge-cum-Special Judge, Araria in connection with Special (Child) Case No. 03 of 2025 arising out of Araria P.S. Case No. 539 of 2024 registered under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act by which the prayer for bail of the appellant has been rejected.

3. As per the prosecution case, the appellant is an accused in a case of murder.

4. Learned counsel for the petitioner has submitted that the petitioner has been held to be juvenile and on the date of

Patna High Court CR. APP (SJ) No.1680 of 2025(3) dt.18-09-2025 2/3 occurrence he has been assessed to be less than eighteen years.

5. Learned counsel for the appellant further relies upon the provisions of the Section 3(i), (iv), (v) and (xiv) of the Juvenile Justice (Care and Protection of Children) Act, 2015. He also relies upon Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and has submitted that bail is a rule and denial of bail to a juvenile is an exception.

6. He further submits that though the appellant is a child in conflict with law but he has remained in jail since 23.10.2024 and the Court below has not considered the law with regard to the release of juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2015.

7. Learned counsel for the appellant further submits that family members of the petitioner including the father of the petitioner will take care of the appellant so that he may not do any further crime and he may not remain in the company of the criminals.

8. Considering the aforesaid facts, this application is allowed and order dated 20.03.2025 passed by the learned Additional Sessions Judge-1st cum-Special Judge, Araria in connection with Special (Child) Case No. 03 of 2025 arising out of Araria P.S. Case No. 539 of 2024 is hereby set aside.

Patna High Court CR. APP (SJ) No.1680 of 2025(3) dt.18-09-2025 3/3

9. Let the appellant, above named, be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1st-cum-Special Judge, Araria/concerned Court below in connection with Special (Child) Case No. 03 of 2025 arising out of Araria P.S. Case No. 539 of 2024 subject to the following conditions:- (i) that one of the bailors should be the father of the petitioner.

(ii) that the father of the appellant shall file an affidavit before the concerned Court below, giving specific undertaking that after release of the appellant on bail, he will take proper care of the appellant and will not allow him to fall into bad company.

(iii) The appellant will co-operate in the trial in the Children Court. He will appear personally or through his lawyer. Any default in the same will result in the cancellation of the bail bonds of the appellant.

(Sandeep Kumar, J) Neha/- U T