In a criminal revision, the Patna High Court allowed the appeal and ordered bail for a juvenile petitioner convicted of murder. The court held that the father could provide adequate care and reform, negating the risk of bad company association deemed by the lower court.
Appeal allowed; impugned order set aside; petitioner released on bail.
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.84 of 2023
Arising Out of PS. Case No.-76 Year-2021 Thana- BHADAUR District- Patna
======================================================
BITTU KUMAR S/O PADARATH YADAV R/v- Prahladpur, P.S.- Ghoswari, District- Patna Under guardianship of his father Padarth Yadav aged about 68 years (Male) r/v- Prahladpur, P.S.- Ghoswari, District- Patna
... ... Petitioner/s
Versus THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Tej Narayan Singh For the Respondent/s : Mr.Bharat Bhushan, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
Patna High Court CR. REV. No.84 of 2023(3) dt.01-08-2023 2/7
PM, while her husband, Mantun Yadav, was returning to his home on a motorcycle after purchasing milk, he was shot dead by unknown criminals(s). The petitioner is not named in the First Information Report and his name transpired during the course of investigation on the basis of the confessional statement of co-accused Manish Kumar.
Patna High Court CR. REV. No.84 of 2023(3) dt.01-08-2023 3/7
and (xiv) of the Juvenile Justice (Care and Protection of Children) Act, 2015, (hereinafter referred to as “the Act”), which are quoted herein below:-
“(i) Principle of presumption of innocence :- Any child shall be presumed to be an innocent of any mala fide or criminal intent up to the age of eighteen years.
(iv) Principle of best interest :- All decisions regarding the child shall be based on the primary consideration that they are in the best interest of the child and to help the child to develop full potential.
(v) Principle of family responsibility :- The primary
responsibility of care, nurture and protection of the child shall be that of the biological family or adoptive or foster parents, as the case may be.
(xiv) Principle of fresh start :- All past records of any child under the Juvenile Justice system should be erased except in special circumstances”
provisions of law, submits that as per the scheme of the Act there is presumption of innocence of a child in conflict with law
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and all decisions regarding the child shall be taken in consonance with the principle of the best interest of the child. He further submits that the principle of family responsibility and principle of fresh start have also been recognized under the Act.
“ 12. Bail to a person who is apparently a child alleged to be in conflict with law .- (1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person:
Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person’s release would defeat the ends of justice, and the Board shall record the reasons
Patna High Court CR. REV. No.84 of 2023(3) dt.01-08-2023 5/7
for denying the bail and circumstances that led to such a decision.
(2) When such person having been apprehended is not released on bail under subsection (1) by the officer - in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a Board.
(3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order.
(4) When a child in conflict with law is unable to fulfill the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail.”
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scheme of the Act and has committed irregularity in arriving at the conclusion that the petitioner may fall into bad company, if released on bail.
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-cum- Special Judge, Juvenile Court, Patna, is not sustainable in the facts and circumstances of the case.
(i) that one of the bailors shall be the father of the petitioner;
(ii) that the father of the petitioner shall file an affidavit before the learned Juvenile Justice Board, Patna City, Patna, giving specific undertaking that after release of the petitioner on bail, he will take proper care of the petitioner and will not allow him to fall into bad company.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
3 issues framed by the court
Whether bail to a juvenile in custody can be granted despite the lower court's apprehension of association with known criminals.
Whether the father can provide undertaking to ensure the juvenile does not fall into bad company.
Whether the lower court's reasoning regarding reform potential was sustainable.
1 provisions across 1 enactments
Bittu Kumar
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
