Back
JITENDRA KUMAR
Biswajit Kumar Pandey @ Lalu Kumar – Appellant
Versus
State of Bihar – Respondent
Jitendra Kumar, J.—The present criminal revision petition has been preferred by the Petitioner against the impugned judgment dated 01.12.2023 passed by learned Additional District and Sessions Judge Ist-cum-Special Children Court in Criminal Appeal No. 165 of 2023 whereby the appeal filed by the petitioner was dismissed upholding the order dated 20.06.2023 passed by Juvenile Justice Board, Patna City in JJB Case No. 78 of 2023 arising out of Khajekala P.S. Case No. 223 of 2022 registered for the offences punishable under Sections 302, 120(B) read with Section 34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(i)(r)/3(i)(s)/3(2)(va) of the Scheduled Castes and Scheduled Tribes Act, 1958 by which learned Juvenile Justice Board, Patna City, rejecting the bail petition of the Petitioner.
2. The prosecution case as emerging from the fardbeyan of the Informant recorded by S.I., Anil Prasad on 19.07.2022 at 19:35 o’clock at Rajeshwar Hospital, Kankarbag, Patna is that on 19.07.2022 at 2:45 PM, her son Rahul Kumar received a phone call on his mobile bearing no. 9128578424 and told the Informant that Golu Kumar was calling him and he was coming back. After some time, Anil
Bail for juveniles under the Juvenile Justice Act is mandatory unless there are justifiable grounds for denial.
Bail for juveniles is mandatory unless specific grounds exist showing that release may harm their welfare or obstruct justice, emphasizing rehabilitation over punishment.
Rejection of bail for juveniles must be based on proven risk factors, not just the seriousness of the charge; rehabilitation is prioritized under juvenile law.
Bail should generally be granted to juveniles, with serious offenses not excluding this unless specific safety or justice concerns arise. Emphasis on rehabilitation within the juvenile justice system....
Bail for juveniles under Section 12 of the J.J. Act cannot be denied based solely on the seriousness of the offence; concrete grounds are required to support denial.
The main legal point established in the judgment is that the Juvenile Justice Board must consider the mandatory provisions of the Juvenile Justice Act and make an objective assessment based on reason....
The court emphasized that the gravity of the offence alone does not justify denying bail to juveniles; potential dangers to society and the juvenile's welfare must be considered.
The main legal point established in the judgment is that bail for a juvenile in conflict with law is a rule under the Act of 2015, and denial of bail is an exception that must be justified based on s....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
