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IN THE HIGH COURT OF JUDICATURE AT PATNA
RUDRA PRAKASH MISHRA
Anuj Kumar, S/o. Indrajeet Rai, through mother, natural guardian, Gayatri Devi – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
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 21.05.2025 passed by learned Additional District and Session Judge, Vaishali at Hajipur whereby the prayer for bail of the appellant in connection with Bidupur P.S. Case No. 575 of 2024 under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3(2) of the SC/ST Act by which the prayer for grant of bail to the appellant was rejected.
3. Prosecution case, in short, is that, the informant alleges that on 12.09.2024 at about 3 PM, his son Bipin Kumar, while going to deliver money, was shot dead by unknown miscreants near a field and died of a firearm injury to the chest; he was declared dead at hospital.
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. The appellant has been declared juvenile on 01.02.2025 by the Juvenile Justice Board. The allegation lev
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.
The main legal point established in the judgment is that a juvenile, accused of a heinous crime, should be considered for bail under the provisions of Section 12 of the Juvenile Justice Act, taking i....
The main legal point established in the judgment is that a juvenile in conflict with the law should be considered for bail based on the criteria and parameters set out in Section 12 of the Juvenile J....
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