JUDGMENT :

JITENDRA KUMAR, J.

Introduction

1. The present appeal has been preferred by the appellant against the impugned order dated 18.12.2024, passed by learned Additional Sessions Judge-I-cum-Children Court, Biharsharif, Nalanda in Children Case No. 3 of 2024, arising out of Islampur P.S. Case No. 100 of 2024, whereby learned Children Court has rejected the application of the appellant holding that the prosecution case has been supported by inquest report as well as post-mortem report and the witnesses examined during trial. The Children Court has also referred to Social Investigation Report and Social Background Report to deny the bail. It has also been held by learned Children Court that the appellant has criminal antecedents and he has no conducive family environment and his other family members are of criminal nature and they do not control the appellant from committing any crime. It has also been held that the alleged offence is serious in nature supported by the prosecution evidence.

Factual Background

2. Islampur P.S. Case No. 100 of 2024 was registered under Section 302 read with Section 34 IPC and Section 27 of the Arms Act against the appellant and other two co-accused.

3. Vide order dated 28.05.2024, the appellant was found to be juvenile by Juvenile Justice Board. As per school certificate, his date of birth was 23.02.2008 and hence, his age on the date of alleged occurrence i.e. 07.03.2024, was found to be 16 years and 15 days. Vide order dated, 13.08.2024, preliminary assessment of the appellant was conducted and as per report of the psychologist, he was found to be physically and mentally competent to understand the nature and consequences of the crime allegedly committed by him and hence, the case of the appellant was sent to Children Court for trial of the Appellant as an adult. After receipt of the record, learned Children Court vide order dated 07.10.2024, passed under Section 19 of the J.J. Act, holding that the appellant is physically and mentally mature and it would be proper to conduct trial of the juvenile as adult in view of his age being 16 years and 15 days and alleged offence being heinous in nature.

4. During trial, altogether nine prosecution witnesses have been examined and now the appellant is examining witnesses in his defence and three defence witnesses have been already examined and the case is still running at the stage of defence evidence.

Prosecution Case

5. As per the written report, when the informant and his son were returning home and reached near the house of the appellant, the appellant and his father started abusing the informant and his son. On protest by the informant, the father of the appellant asked the Appellant to shoot the informant dead. In the meantime, one co-accused/Md. Akbar @ Jarla also reached the place of occurrence with pistol. In pursuance of the order of the father of the appellant, two people also brought pistol from his house and shot at the son of the informant with intent to kill him which hit him at the left side of the chest. Consequently, the son of the informant fell down on the place of occurrence and thereafter, co-accused/Md. Akbar also shot at the right side of the chest of the informant. Thereafter, chaos developed and many people assembled there and the son of the informant was referred to Islampur Hospital where he was declared dead by the doctor.

Social Background Report of the Appellant

6. As per the Social Background report submitted by the police, the Appellant is not handicapped, though his father is handicapped and he is said to be involved in criminal activity. The mother of the Appellant is a house wife. The sister of the Appellant is 10^th class pass. The family members of the Appellant has tendency to commit crime. The Appellant is unmarried and has habit of smoking and gambling. He is 10^th class pass. Most of his friends are educated and elder to him and belonging to the same gender, but they have criminal background. The Appellant is not a victi