Patna High Court – Orders
Bikku Kumar @ Biku Kumar vs The State Of Bihar on 11 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.988 of 2025
Arising Out of PS. Case No.-1034 Year-2022 Thana- MADHEPURA District- Madhepura
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Bikku Kumar @ Biku Kumar Son of Laln Kamti @ Lalan Kumar Kamti
Resident of Village- Bhelwa, P.S.- Madhepura, Distt.- Madhepura, under the
Guardianship of his father Sri Laln Kamti @ Lalan Kumar Kamti
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Sanjay Kumar Singh
For the Respondent/s : Mr. Usha Kumari 1
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL ORDER
4 11-07-2025
On 27th June 2025, this Court passed an order in
connection with Madhepura P.S. Case No. 1034 of 2022 under
Sections 302/216/34 of the IPC and Section 3(i)(r)(s)/3(2)(va) of
the Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, 1989, and Section 27 of the Arms Act, raising a
question as to whether the instant appeal under Section 101(5)
of the Juvenile Justice (Care and Protection of Children) Act,
2015, is maintainable in view of the provision contained in
Section 14-A of the Scheduled Caste and Scheduled Tribe
(Prevention of Atrocities) Act, 1989.
2. I have heard the learned counsels for the appellant
as well as the learned counsel for the Special Public Prosecutor.
3. Indisputably, the appellant is a minor, represented
Patna High Court CR. APP (SJ) No.988 of 2025(4) dt.11-07-2025
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by his father, namely, Lalan Kamti @Lalan Kumar Kamti. He
has been booked in connection with Madhepura P.S. Case No.
1034 of 2022. Since the Juvenile Justice Board, Madhepura,
holds the CiCL above the age of 17 years, his application for
bail was sent to the children’s court for disposal. The children’s
court rejected the said application on the ground that the nature
of the offense is heinous; the offending weapon (a country-made
pistol) was recovered from the possession of the appellant on
the date of commission of the offence, he was aged 17 years, 2
months, and 7 days. The Social Investigation Report shows his
culpable nature and association with local criminals. The
appellant was involved in committing the murder of an on-duty
chowkidar. He opened fire to kill the informant, but the bullet
did not hit him; therefore, the children’s court held that, in view
of the provision of Section 15 of the Juvenile Justice (Care and
Protection of Children) Act, 2015, his prayer for bail should not
be granted.
4. It is submitted by the learned Advocate for the
appellant that another co-accused has already been granted bail
by a co-ordinate Bench of this Court in CR. APP (SJ) No. 3152
of 2024 passed on 10th April 2025.
5. On perusal of the impugned order, I find that the
Patna High Court CR. APP (SJ) No.988 of 2025(4) dt.11-07-2025
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learned Children’s Court rejected the prayer of bail of the
appellant, taking into consideration the provision of Section 15
of the Juvenile Justice (Care and Protection of Children) Act,
2015.
6. Section 15 speaks about the preliminary assessment
into the heinous offence by the board. Section 15 of the said Act
runs thus:
“15. Preliminary assessment into
heinous offences by Board.–(1) In case of
a heinous offence alleged to have been
committed by a child, who has completed or
is above the age of sixteen years, the Board
shall conduct a preliminary assessment with
regard to his mental and physical capacity to
commit such offence, ability to understand
the consequences of the offence and the
circumstances in which he allegedly
committed the offence, and may pass an
order in accordance with the provisions of
sub-section (3) of section 18:
Provided that for such an
assessment, the Board may take the
assistance of experienced psychologists or
psycho-social workers or other experts.
Explanation.–For the purposes of
this section, it is clarified that preliminary
assessment is not a trial, but is to assess the
Patna High Court CR. APP (SJ) No.988 of 2025(4) dt.11-07-2025
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understand the consequences of the alleged
offence.
(2) Where the Board is satisfied
on preliminary assessment that the matter
should be disposed of by the Board, then the
Board shall follow the procedure, as far as
may be, for trial in summons case under the
Code of Criminal Procedure, 1973 (2 of
1974):
Provided that the order of the
Board to dispose of the matter shall be
appealable under sub-section (2) of section
101:
Provided further that the
assessment under this section shall be
completed within the period specified in
section 14.”
7. The children’s court cannot make any inquiry or
come to any finding under Section 15 of the Juvenile Justice
(Care and Protection of Children) Act, 2015 because excessive
power vests on the Board. In view of such circumstances, this
Court directs the Juvenile Justice Board, Madhepura to make an
inquiry under Section 15 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 to come to a finding as to
whether the alleged offence and the role of the appellant is
heinous or not and if that be so, whether his trial would be
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conducted under the provision of Section 18(3) of the said Act.
The report of the preliminary inquiry be sent to the learned
Special Court, who will dispose of appellant’s application for
bail in accordance with law.
8. The appellant is permitted to file a fresh application
for bail, in view of the order passed by this Court.
9. With the aforesaid order, the instant Criminal
Appeal (SJ) No. 988 of 2024 is disposed of.
(Bibek Chaudhuri, J)
Suraj Dubey/-
U T
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