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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
S.K.Y. @ S.K.Y. @ S.K. @ S., S/o. Late Dhrub Yadav, Under Guardianship of Santosh Yadav, Son of Pappu Yadav – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. background to the criminal case and initial denial of bail. (Para 2 , 3) |
| 2. arguments supporting and opposing bail. (Para 4 , 5) |
| 3. legal principles governing juvenile justice and bail. (Para 6 , 7 , 8) |
| 4. conclusion and decision to grant bail. (Para 9 , 10) |
JUDGMENT :
ARUN KUMAR JHA, J.
Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel appearing on behalf of the informant/opposite party no. 2.
2. The instant criminal revision petition has been filed for setting aside the judgment dated 03.12.2024 passed by learned Additional Sessions Judge 1st -cum- Special Judge (Children Court), Bhagalpur in Criminal Appeal No. 55 of 2024, whereby and whereunder the learned appellate court while upholding the order dated 18.10.2024 passed by learned Juvenile Justice Board, Bhagalpur in JJB 338 of 2024, arising out of Bihpur (Bhawanipur) P.S. Case No. 408 of 2023 refused to grant bail to the petitioner/child in conflict with law (In short 'CICL').
3. Briefly stated the facts of the case is that Bihpur (Bhawanipur) P.S. Case No. 408 of 2023 was registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act on the w
A child in conflict with law should be presumed innocent, and release on bail is prioritized for their best interest unless clear evidence suggests otherwise.
Children in conflict with law are presumed innocent, and their welfare must be prioritized in bail considerations.
The presumption of innocence and the best interests of the child should guide bail decisions for children in conflict with the law.
Bail for juveniles must prioritize their best interests and presumed innocence, with a focus on avoiding harm and reassessing social circumstances.
The welfare and best interests of a juvenile in conflict with law take precedence over the gravity of alleged offenses in bail considerations.
Juvenile Justice promotes rehabilitation over punishment; bail should not be denied absent clear risk factors.
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