IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5498 of 2024 Arising Out of PS. Case No.-169 Year-2021 Thana- PIRO District- Bhojpur ====================================================== Golu Kumar @ Golu Kumar Sharma Sambhu Kumar @ Truck Sharma @ Tuk Sharma S/O Suraj Sharma R/O Village- Balua Tola, P.S.- Piro, District- Bhojpur. ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Manoj Kumar, Adv., Mr. Raj Narayan Mishra, Adv. For the State : Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 3 19-04-2025 The appellant is a juvenile in conflict with law, who has been implicated in committing an offence under Section 302/34 of the I.P.C., read with Section 27 of the Arms Act. Charge-sheet has been filed against the appellant before the Juvenile Justice Board and the said charge-sheet was transmitted to the Special Judge (Childrens Court) at Bhojpur at Ara. 2. The appellant made an application praying for regular bail before the Special Judge on 28th September, 2024, but the same was rejected. So is the instant criminal appeal. 3. Learned counsel on behalf of the appellant refers to the relevant portion of the fardbeyan made by Shiv Muni Paswan, brother of the deceased Dharmendra Paswan stating, inter alia,:- Patna High Court CR. APP (SJ) No.5498 of 2024(3) dt.19-04-2025 2/3 “ fnukad 25@05@21 dks le; djhc 19%00 cts “kke dks esjk HkkbZ /kesZanz ikloku mez djhc 38 o’kZ firk&ân; vkuan ikloku lkfdu&ihjks okMZ uacj 17] Fkkuk&ihjks] ftyk&Hkkstiqj lp djus ds fy, cyqvk Vksyk ogka iqy ds mÙkj QkVd ij x, Fks] rHkh ihNs ls xksyw dqekj mQZ Vªd “kekZ firk&lwjt “kekZ lkfdu&cyqvk Vksyk Fkkuk&ihjks] ftyk&Hkkstiqj rFkk dqN vKkr yksxksa ds }kjk esjs HkkbZ /kesZanz ikloku dks ihNs ls xksyh ekj fn;k x;k ftls xzkeh.kksa ds lg;ksx ls bykt gsrq izkFkfed LokLF; dsanz izks yk;k x;k tgka ls csgrj bykt gsrq d:.kk vLirky fcØexat Fkkuk fcØexat ¼jksgrkl½ yk;k x;k tgka bykt ds Øe esa fnukad&26@05@21 dks lqcg djhc 5%00 cts iwokZgu esa esjs HkkbZ /kesZanz ikloku dh e`R;q gks xbZA ” 4. It is submitted by the learned Advocate for the appellant that from the allegation made in the F.I.R., it is alleged that the C.I.C.L. along with some other unknown person opened fire at the deceased from behind. It is specifically stated in the F.I.R. that Golu Kumar opened fire, as a result of which the said Dharmendra Paswan was shot dead. 5. I have perused the impugned order, the learned Special Judge in the lower appellate court recorded that there was a love affair with a girl of the family of the informant and the C.I.C.L. The deceased objected to such love relationship, so Patna High Court CR. APP (SJ) No.5498 of 2024(3) dt.19-04-2025 3/3 the C.I.C.L. made a plan with some unknown person to commit murder of Dharmendra Paswan, that was the motive behind the incident. The learned Special Judge in his order dated 28th September, 2024 also considered the S.I.R. submitted by the Probation Officer against the petitioner. The S.I.R. was not favourable. 6. Considering the fact that a minor boy being fallen in love affair planned murder of a man aged about 38 years, this Court is not inclined to release him on bail. 7. If he is released on bail, a wrong message will be percolated amongst the minor offenders that even after involvement in a heinous crime, an appellant may be released on bail by the High Court. 8. In the instant case, proviso to Section 12 is squarely applicable. 9. Therefore the instant criminal appeal is dismissed. pravinkumar/- (Bibek Chaudhuri, J) U T