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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
... S/o Jeebachh Yadav @ Jivach Yadav – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. context of juvenile conflict with law. (Para 1 , 2 , 3) |
| 2. arguments against rejection of bail. (Para 4 , 5 , 6) |
| 3. legal framework for granting bail to minors. (Para 8 , 9) |
| 4. court’s concern over the appellate court's findings. (Para 10 , 11) |
| 5. petitioner's bail granted based on court's findings. (Para 12) |
JUDGMENT :
ARUN KUMAR JHA, J.
1. Heard learned counsel for the petitioner as well as learned Spl.P.P. for the State.
2. The petitioner is a juvenile in conflict with law and the instant revision petition has been filed for setting aside the order dated 07.05.2025 passed in Juvenile Appeal No. 07 of 2025 arising out of Khutauna P.S. Case No. 19 of 2024 registered under Section 399 , 402, 120B of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act by the learned Additional Sessions Judge-I-cum-Special Judge, Children Court, Madhubani whereby and whereunder the learned Appellate Court rejected the appeal of the petitioner and the prayer of the petitioner for grant of bail.
3. As per prosecution case, police apprehended the petitioner and three other co-accused persons while they assembled for making preparation to commit crime and 2-3 persons managed to escape fr
The best interest of the child is paramount in juvenile bail decisions, requiring substantial justification for denial, irrespective of the offense's gravity.
The welfare and best interests of a juvenile in conflict with law take precedence over the gravity of alleged offenses in bail considerations.
The presumption of innocence and best interest of the child are paramount in juvenile justice proceedings.
The presumption of innocence and best interests standard governs bail considerations for juveniles in conflict with law, per Juvenile Justice Act.
Bail for juveniles must prioritize their best interests and presumed innocence, with a focus on avoiding harm and reassessing social circumstances.
A child in conflict with law should be released on bail unless there are specific circumstances suggesting danger to their welfare, as per the Juvenile Justice Act.
The presumption of innocence applies to juveniles in bail considerations, requiring substantial evidence for denial of bail.
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