Shivam Kumar v. The State of Bihar
Case brief
What is this about?
Patna High Court, single judge (Sandeep Kumar, J.), Criminal Appeal (SJ) No. 2272 of 2025, decided 08-01-2026. Juvenile appellant (Shivam Kumar, through guardian Santosh Paswan) accused in a murder case (Suppi P.S. Case No. 315 of 2023, Sitamarhi), held juvenile and below 18 at the time of occurrence, in jail since 27.02.2024, challenged the Children Court, Sitamarhi order dated 7.1.2025 in Tr. No. 22 of 2024. Citing Sections 3(i), (iv), (v), (xiv) and 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the principle that bail is the rule for juveniles, the Court allowed the appeal, set aside the impugned order, and granted bail of Rs. 10,000/- with two like sureties, imposing conditions: guardian as bailor, guardian's affidavit of care/no bad company, and cooperation in the Children Court trial. Keywords: juvenile justice, child in conflict with law, bail as rule, JJ Act 2015, murder accused, Children Court Sitamarhi.