Virju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2209 of 2025 Arising Out of PS. Case No.-521 Year-2024 Thana- KHAGARIA District- Khagaria ====================================================== Virju Kumar S/o- Bhikhari Chaudhary Village- Bhadas South Ps- Gangaur Dist- Khagaria through his Mother Bhukhali Devi P/A- Bhadas South PsGangaur Dist- Khagaria ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ranjeet Kumar Singh, Adv For the Respondent/s :

Mr.Zeyaul Hoda, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-11-2025 Heard the learned counsel for the appellant and learned APP for the State.

2. The present application has been filed against the order dated 26.03.2025 passed by the learned Additional Session Judge-I cum Special Judge, Khagaria in connection with Special Child Case No. 02 of 2025 arising out of Khagaria P.S.Case No. 521 of 2024 registered under sections 137(2), 140(3) of BNS by which the prayer for bail of the appellant has been rejected.

3. As per the prosecution case, the allegation is alleged to have committed murder.

4. Learned counsel for the appellant has submitted that the appellant has been held to be juvenile and on the date of occurrence he has been assessed to be less than eighteen years.

5. Learned counsel for the appellant further relies

Patna High Court CR. APP (SJ) No.2209 of 2025(3) dt.01-11-2025 2/3 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 06.11.2024 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 appellant including the mother of the appellant 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 26.03.2025 passed by the learned Additional Session Judge-I cum Special Judge, Khagaria in connection with Special Child Case No. 02 of 2025 arising out of Khagaria P.S.Case No. 521 of 2024, is hereby set aside.

9. Let the appellant, above named, be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of

Patna High Court CR. APP (SJ) No.2209 of 2025(3) dt.01-11-2025 3/3 the like amount each to the satisfaction of the learned Additional Session Judge-I cum Special Judge, Khagaria in connection with Special Child Case No. 02 of 2025 arising out of Khagaria P.S.Case No. 521 of 2024, subject to the following conditions:- (i) that one of the bailors should be the mother of the appellant.

(ii) that the mother 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) N.K/- U