Juvenile X (Niraj Paswan @ Niraj Kumar ) v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4025 of 2025 In CRIMINAL REVISION No.123 of 2025 Arising Out of PS. Case No.-12 Year-2022 Thana- KHIRHAR District- Madhubani ====================================================== Juvenile X (Niraj Paswan @ Niraj Kumar ) S/o- Ram Bharosh Paswan through his mother Raj Kumari Devi R/v- Hisar Ps- Khirhar Dist- Madhubani ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Shailendra Kumar Jha, Advocate For the Respondent/s :
Ms. Sharda Kumari, Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-11-2025 Heard the parties.
2. The present application has been filed against the order dated 23.08.2024 passed by the learned 1st Additional Sessions Judge-cum-Juvenile Judge, Madhubani in connection with Enquiry No. 847 of 2024 arising out of Khirhar P.S. Case No. 12 of 2022 registered under Sections 147, 148, 149, 427, 435, 341, 323, 325, 308, 302, 504 and 506 of the Indian Penal Code 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 appellant has submitted that the appellant has been held to be juvenile and on the date of
Patna High Court CR. APP (SJ) No.4025 of 2025(4) dt.01-11-2025 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 13.05.2024 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 23.08.2024 passed by the learned 1st Additional Sessions Judge-cum-Juvenile Judge, Madhubani in connection with Enquiry No. 847 of 2024 arising out of Khirhar P.S. Case No. 12 of 2022 is hereby set aside.
Patna High Court CR. APP (SJ) No.4025 of 2025(4) dt.01-11-2025 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 S.D.J.M., Benipatti, Madhubani/concerned Court below in connection with Enquiry Case No. 847 of 2024 arising out of Khirhar P.S. Case No. 12 of 2022 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, she 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