IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.725 of 2025 Arising Out of PS. Case No.-14 Year-2024 Thana- KHUTAUNA District- Madhubani ======================================================

XXX S/o Jeebachh Yadav @ Jivach Yadav Being Minor represented through under guardian ship of his mother namely Ramkumari Devi, W/o Jeebachh Yadav @ Jivach Yadav, R/o Vill - Godiyari, Barhampur, P.S.- Phulparas, Distt- Madhubani ... ... Petitioner/s Versus

1. The State of Bihar

2. Brajesh Kumar S/o Hari Mohan Kamat R/o village - Charrapatti, Ward no.

13, P.S.- Khatauna, District - Madhubani ... ... Opposite Parties ======================================================

Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar, Adv Mr. Amrit Anunay, Advocate For the Respondent/s : Mr. Ram Naresh Ray, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

5 02-02-2026 Heard learned counsel for the petitioner and learned APP for the State. Though the service has been declared upon the opposite party no. 2, there is no representation on his behalf.

2. The instant criminal revision petition has been filed for setting aside the judgment/order dated 26.09.2024 passed by the learned Additional Sessions Judge-cum-Special Judge (Children Court, Madhubani in Juvenile Appeal No. 19 of 2024, whereby and whereunder the learned appellate court dismissed the appeal and upheld the order dated 11.06.2024 passed by learned Juvenile Justice Board, Madhubani in Khutauna P.S. Case No. 14 of 2024 registered under Section 394 of the Indian Penal Code and Section 27 of the Arms Act, by which the prayer for grant of bail to the petitioner/child in conflict with law (for short 'CICL') has been rejected.

3. Briefly stated, the facts of the case are that four miscreants riding two motorcycles surrounded the motorcycle of the informant/opposite party no. 2 and started snatching his bag and motorcycle. When the opposite party no. 2 opposed, he was assaulted with the butt of the gun. The miscreants snatched the motorcycle of the opposite party no. 2 and fled away. The name of the petitioner, who is the CICL, transpired during investigation for being involved in the alleged occurrence. The CICL moved before the learned Juvenile Justice Board, Madhubani for grant of bail but his prayer was rejected vide order dated 11.06.2024. The CICL preferred an appeal which also came to be dismissed vide judgment/order dated 26.09.2024 passed by the learned Additional Sessions Judge- cum Special Judge (Children Court), Madhubani. The CICL approached this Court against the aforesaid two orders. 4. Learned counsel for the petitioner submits that the petitioner/CICL submits that on the basis of school certificate, the age of petitioner was assessed to be 17 years 06 months and 15 days on the day of occurrence and, as such, he was declared juvenile by the learned J.J. Board, Madhubani. Learned counsel further submits that the name of the petitioner transpired in this case on the basis of confessional statement of co-accused Pankaj Kumar and the petitioner/CICL was apprehended in Khutauna P.S. Case No. 19 of 2024 and thereafter, remanded in the present case on 23.01.2024 and since then the petitioner is in observation home. Learned counsel further submits that nothing incriminating has been recovered from the person or possession of this petitioner and no test identification parade has ever been done. Co-accused Ranjay Kumar Yadav has been granted bail by a Co-ordinate Bench of this Court vide order dated 04.09.2024 passed in Criminal Misc. No. 62199 of 2024. Similarly, co-accused Raushan Kumar has been granted bail by the same Co-ordinate Bench vide order dated 04.10.2024 passed in Criminal Misc. No. 68306 of 2024. Learned counsel further submits that even the co-accused Pankaj Kumar, who has named this petitioner, has been granted bail by the Co-ordinate Bench vide order dated 20.12.2024 passed in Criminal Misc. No. 83123 of