RUDRA PRAKASH MISHRA
Juvenile "X" – Appellant
Versus
State of Bihar – Respondent
Rudra Prakash Mishra, J. – Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and perused the case diary.
2. The instant appeal has been filed by the appellant against the order dated 18.03.2025 passed by learned Additional District and Session Judge, Nalanda at Biharsharif whereby the prayer for bail of the appellant in connection with Children Case No. 01 of 2025, arising out of Harnaut P.S. Case No. 139 of 2024 under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.
3. Prosecution case, in short, is that brother of the informant was shot dead by some unknown miscreants.
4. Learned counsel for the appellant submits that the appellant is juvenile and innocent and has committed no any offence as alleged in the F.I.R. The appellant has falsely been implicated in the present case merely on the basis of suspicion. It is submitted that the appellant is a juvenile and his case has been transferred from the J.J. Board to the Court of Children Act vide order dated 10.02.2025 passed in J.J. Board Case No. 365 of 2024. The appellant is not named in the FIR. Name of the appellant has transpired in this case on the basis of confessional st
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 is mandatory unless specific grounds exist showing that release may harm their welfare or obstruct justice, emphasizing rehabilitation over punishment.
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.
Bail – Bail to juvenile delinquent is a rule.
Juveniles are entitled to bail under Section 12 of the JJ Act unless there are compelling reasons to deny it, including assessments of their mental capacity.
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