In a bail matter, the Patna High Court granted relief to a juvenile petitioner, holding that nature of offence is not a ground for refusal. The court directed release on bail conditions under the Juvenile Justice Act, 2015.
Petitioner directed to be released on bail of Rs.10,000 with two sureties and father's undertaking.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.828 of 2017
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Shubham Thakur @ Shubham Kumar, through his legal guardian shri Awadh Kishore Thakur (father), Son of Sri Krishna Mohan Thakur, resident of Village- Bairi Aghu Pandit Tola, P.S.- Muffasil, DistrictBegusarai
| The State of Bihar =============== |
.... .... Versus .... .... =============================== |
Petitioner Respondent ======== |
|---|---|---|
| Appearance : | ||
| For the Petitioner | : Mr. Ravindra Kumar, Advocate |
|
| For the State =============== |
: Mr. Choubey Jawahar, APP =============================== |
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| CORAM: HONOU ORAL ORDER |
RABLE MR. JUSTICE ARUN KUMAR |
3 06-10-2017 This criminal revision application is directed against order dated 15.06.2017, passed by learned District & Sessions Judge, Begusarai in Criminal Appeal No.54 of 2017 whereby he has rejected the prayer of bail of the petitioner and affirmed order dated 18.05.2017 of the Juvenile Justice Board, Begusarai rejecting the prayer of bail of the petitioner in Begusarai Muffasil P.S. Case No.485 of 2016 registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner was declared juvenile by the Juvenile Justice Board, Begusarai after holding an enquiry but the bail has been denied on the ground that in case of his release there is likelihood of going into company of bad elements and also release would expose him to moral, physical or psychological danger. The appellate
Patna High Court CR. REV. No.828 of 2017 (3) dt.06-10-2017
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court has also affirmed the view of the Juvenile Justice Board but without any basis. Learned counsel for the petitioner further elaborates that the petitioner’s name only transpired in the confessional statement of a co-accused, except the exculpatory statement that too of performing as a liner in the said occurrence, there is no material against him, besides this he has got no criminal antecedent.
The petitioner is admittedly found juvenile on the day of the alleged occurrence. The nature of offence is not a consideration for refusal of bail to a juvenile in view of the law in the matter. The bail is considered as per provision of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, so only on three exceptions mentioned in the proviso of the said section, bail can be denied but in the present case two of the conditions have been cited in both the orders rejecting the prayer of bail but reasonings given therein are unfounded for the reason that the petitioner has got no criminal antecedent and there is no material to show that in case of his release he would be exposed to moral, physical or psychological danger, so the petitioner, named above, is directed to be released on bail, during pendency of this criminal revision application, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. REV. No.828 of 2017 (3) dt.06-10-2017
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each to the satisfaction of learned Juvenile Justice Board, Begusarai in connection with J.J.B. Case No.63 of 2017, arising out of Begusarai Muffasil P.S. Case No.485 of 2016 with a condition that father of the petitioner will file undertaking stating therein that he will take proper care of the petitioner so that he may not indulge in any criminal activities in future.
(Arun Kumar, J.)
S.Kumar/-
U T
1 issue framed by the court
Whether bail can be denied to a juvenile solely on the ground of nature of offence or likelihood of bad company.
1 provisions across 1 enactments
Shubham Thakur @ Shubham Kumar
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
