Patna High Court: Granting of Bail To Juvenile Against the Interest of the Juvenile

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Criminal revision application filed against the judgment dated 21st September 2019 in a case registered under Sec. 414 of the IPC and 25(1-b)A, 26, 35 of the Arms Act.

Facts of the Case 

Some people looted the petitioner’s house and the police recovered many articles, including a loaded pistol. The petitioner was currently staying in the Observation Home at Muzaffarpur. He was a juvenile as his age was 17 years 6 months and 10 days.

Petitioner’s Submissions

The counsel submitted that the Court must allow the petitioner’s release as he is a juvenile. He should be in the custody of his father.  The petitioner had received bail in 3 other cases. The counsel relied on the case of Lallu vs. State of Bihar. Here, the court said the gravity of the offence must not be a consideration for releasing a juvenile. In another case, the court ordered him to keep registering his attendance for one year. In the present case, the petitioner has been in the observation home since 16th May 2019.

Respondents Submissions

The counsel submitted that it is not in the juvenile’s interest to release him. The fact that a loaded pistol was in his possession showed that he wasn’t in the right company. The Social Investigation Report said that he would get back to his old ways if released. He was in the company of people much older than him. The Report mentioned that bail would expose him to physical and psychological danger. It was possible that he would associate with other criminals and commit other crimes. Other accused persons were also involved with the petitioner in the crimes.

Court’s Orders

The Court agreed with the submissions by the learned Additional Public Prosecutor. It was obvious that the petitioner would go back to his old ways if released. The Court was conscious of the juvenile’s interest in this case. It agreed with the proposition in the Lallu case which said the gravity of the offence should not be a factor.

But in the said case, the interest of the juvenile did not warrant bail. The Social Investigation Report confirmed the same.

The Court has taken into consideration that the juvenile has been in custody for some time. Yet, the report submitted to the Court confirms that the petitioner would go back to old ways if sent on bail. The juvenile was already in bad company and would continue to engage in it post the release. This would lead him to create bigger problems for himself. Being conscious is the responsibility of the court. Granting bail would be against the interest of the juvenile.

Hence, the Court dismissed the application. Expedition of the inquiry by the juvenile board initiated.


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