Child In Conflict With Law R Through His Father Ashok Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5091 of 2024 Arising Out of PS. Case No.-219 Year-2024 Thana- LAXMIPUR District- Jamui ====================================================== Child In Conflict with Law R through his father Ashok Yadav S/O Khiran Yadav R/O Village - Chinberiya, P.S- Laxmipur and Dist.- Jamui. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Mritunjay Kumar, Advocate For the Respondent/s :
Mr. Syed Ashfaque Ahmad, ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 19-04-2025 The appellant was booked for committing offence under Sections 302/120B/34 of the IPC on the basis of a statement made by a co-accused, implicating him before the police.
2. It is needless to say that any confessional or any other statement of an accused implicating another, recorded by the police, is not admissible in evidence. The appellant was aged about 16 years, 11 months, and 15 days on the date of commission of the offence. He was not named in the FIR, and he has been in custody since 26th July 2024.
3. Considering such aspect of the matter, I am inclined to allow the instant appeal. Let the above-named appellant be released on bail on executing a bail bond of Rs. 10,000/- with
Patna High Court CR. APP (SJ) No.5091 of 2024(4) dt.19-04-2025 2/2 two sureties of like amount each, along with the fulfillment of the conditions laid down hereunder:
(i) One of the sureties/bailors must be one of the parents or a close relative of the appellant. (ii) The father or close relative of the appellant shall file an affidavit before the learned Additional Sessions Judge, 1st, Jamui, in Children Case No. 22/2022, giving a specific undertaking that after the 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 shall remain present before the Court and/or the police, as the case may be, as and when required.
4. Accordingly, the instant criminal appeal is allowed with the aforesaid order.
(Bibek Chaudhuri, J) Suraj Dubey/- U T