Patna High Court - Orders
Deepak Kumar @ Chotku vs The State Of Bihar on 8 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.25 of 2025
Arising Out of PS. Case No.-15 Year-2024 Thana- NAVINAGAR District- Aurangabad
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1. Deepak Kumar @ Chotku S/O Shashi Chauhan @ Shashi Kant Chauhan
Under the Guardianship of mother Kavita Devi, Resident of Village-
Phutharwa, P.S- Nabinagar, District- Aurangabad.
2. Chote Lal Chouhan @ Rahul Chouhan S/O Anrudh Chouhan Under the
Guardianship of father, Resident of Village- Mahuari, P.S- Nabinagar,
District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kamlendra Prasad Singh, Adv.
For the Respondent/s : Mr. Ganesh Prasad Singh, APP
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL ORDER
4 08-05-2025The petitioners were juvenile on the date of commission of offence i.e. on 15th January, 2024. Prayer for bail of the petitioners was rejected by the Juvenile Justice Board, Aurangabad on 30th September, 2024 vide J.J.B. Case No. 1356 of 2024. The juveniles filed an appeal which was registered as Criminal Appeal No. 56 of 2024, before the learned Special Judge, Children Court, Aurangabad, making the same prayer, but the appellate court also rejected the prayer for bail of the juveniles and dismissed the appeal.
2. The instant criminal revision is directed assailing correctness, legality and validity of the order dated 29 th November, 2024, passed by the learned Special Judge, Children Court, Aurangabad, in Criminal Appeal No. 56 of 2024. Patna High Court CR. REV. No.25 of 2025(4) dt.08-05-2025 2/6
3. On perusal of the F.I.R., on the basis of which the Navinagar P.S. Case No. 15 of 2024 was registered, under Sections 147/149/341/323/307/302/379/504/506 of the I.P.C. It is asserted that the informant of the above mentioned case along with four other persons were travelling from Jharkhand to Aurangabad by a Car. On 15.01.2024 at about 2:00 P.M. they stopped the car near Tetaria More within the jurisdiction of Navinagar Police Station for having tea. It was a market place. Several other persons were present there. When they were taking tea, one dumper arrived at the spot and told the driver of the said car to park the car at some distance, so that the driver of the dumper might park his vehicle by the side of the road. Over the said incident, an altercation started between the informant and other persons and the said dumper ran away. During altercation someone fired a gun shot, which stuck on the vital part of the body of one Ram Sharan Chauhan and who died. The informant and his associates immediately make gherab by the people present at the spot and they started assaulting them, as a result of severe assault, three persons of the said group died due to mob lynching.
4. Police registered a case against the juveniles being Navinagar P.S. Case No. 15 of 2024, dated 15th January, 2024, Patna High Court CR. REV. No.25 of 2025(4) dt.08-05-2025 3/6 on the basis of a fardbeyan made by one Ajit Sharma. During investigation the names of the juveniles transpired being members of the mob and in view of registration of the above mentioned case they surrendered before the Juvenile Justice Board, Aurangabad.
5. After assessment of their age, prayer for bail was made on behalf of the juveniles, but it was rejected on the ground that if the parents of the juveniles does not have any control over their children and there was lack of discipline in the family of the juvenile, they would in future turn to be seasoned criminal and taking into consideration the social aspect of the matter, the Board did not think it proper to release the juveniles on bail. The appeal preferred on behalf of the juveniles were also rejected on the same ground.
6. Further it appears from the record that on the death of Ram Sharan Chauhan, one Dhirendra Chauhan, s/o the deceased made a statement (fardbeyan) before the Police, wherein it is asserted that one of the associates of Ajit Sharma (informant of Navinagar P.S. Case No. 15 of 2024) namely Mujahid opened fire from his pistol during altercation between two groups, which shot Ram Sharan Chauhan and he died on the spot.
Patna High Court CR. REV. No.25 of 2025(4) dt.08-05-2025 4/6
7. It is submitted by the learned Advocate on behalf of the juveniles that immediately after the death of Ram Sharan Chauhan by gun shot, people present in the market rushed to the spot and they lynched the informant of Navinagar P.S. Case No. 15 of 2024 and his associates, as a result of which three associates of Ajit Sharma died.
8. It is submitted by the learned Advocate on behalf of the juveniles that the C.I.C.L. are members of the Chauhan family and it might be natural that after the death of Ram Sharan Chauhan they rushed to the place of occurrence and were members of the mob. The juveniles were identified from the C.C.T.V. footage of the market. However, both the courts below did not consider that no overtact was attributed against the juveniles. On the contrary, some adult accused persons, who were arrested by the Police in connection with Navinagar P.S. Case No. 15 of 2024, were released on bail by this Court in Criminal Miscellaneous Nos. 21104 of 2024, 26314 of 2024, 28001 of 2024 and 31191 of 2024, vide order dated 2 nd July, 2024. The juveniles of same footing are entitled to be released on bail.
9. Learned A.P.P. raised objection against the prayer for bail of the juveniles.
Patna High Court CR. REV. No.25 of 2025(4) dt.08-05-2025 5/6
10. Having heard the learned counsels for the parties, this Court is in an agreement with the submissions made by the learned Advocate on behalf of the juveniles with regard to factual aspect of the matter and bail granted by this Court in favour of the co-accused persons, on the same footing, the juveniles are entitled to be released on bail.
11. Additionally, this Court is inclined to note that both the trial court and the court of appeal recorded that the juveniles do not have any paternal control over them and that if there is lack of discipline in the family, they may turn to seasoned criminal in future. The above observation made by the courts below are based on assumption which should not be the basis of rejection of bail.
12. On the contrary, prayer for bail of the juveniles should be considered in the light of the principle of presumption of innocence.
13. For the reasons stated above and in view of the fact that the co-accused persons were granted bail by this Court, I am inclined to release the juveniles on bail.
14. In view of such finding, the impugned order dated 29th November, 2024, passed in Criminal Appeal No. 56 of 2024 is set aside.
Patna High Court CR. REV. No.25 of 2025(4) dt.08-05-2025 6/6
15. Considering all such aspect of the matter, the juveniles are directed to be released from custody in connection with Navinagar P.S. Case No. 15 of 2024, J.J.B. Case No. 1356 of 2024, Criminal Appeal No. 56 of 2024, on furnishing bail bond of Rs.20,000/- (Twenty thousand) each with two sureties of the like amount each, one of whom shall be either of the parents of the juveniles with further condition that the father of the juveniles shall execute an undertaking before the Juvenile Justice Board, Aurangabad that he would take all care and protection of the juveniles while they are on bail.
16. The Juvenile Justice Board is also directed to inform the Probation Officer to submit half yearly report regarding the conduct of the juveniles and if any of such report is found to be unsatisfactory to the Board, the Board is entitled to canceal the bail of the juveniles without further reference to this Court.
17. The instant criminal revision is thus disposed of with contest.
(Bibek Chaudhuri, J) pravinkumar/-
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