Created by Fuzzy Cloud

Patna High Court

Vikash Kumar @ Vikash Ray @ Vikash SawversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail to a juvenile is a rule under Section 12 of the JJ Act and may be denied only on the three grounds in the proviso; in this case, the family circumstances and potential defeat of the ends of justice justified denial, so the appeal was dismissed.

Summary

The appeal concerned two juveniles, aged between 16 and 18, charged with murder under Sections 302, 440 and 34 of the IPC. Their regular bail applications were rejected by the Children Court on the ground that the alleged offence was heinous. The Patna High Court examined the mandatory provisions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, which makes bail a rule and allows denial only on three specific grounds. The Court held that the seriousness of the offence alone cannot justify denial of bail, but the family background of the first appellant (father and cousin also accused) and the lack of a responsible guardian for the second appellant amounted to a risk of defeating the ends of justice. Consequently, the Court dismissed the appeal, upholding the denial of bail and directing the lower court to continue the observation‑home custody of the juveniles.

Issues considered

  • Whether the seriousness of the alleged offence can be a ground to deny bail to a juvenile under Section 12 of the JJ Act, 2015.
  • Whether the family environment and risk of defeat of the ends of justice justify denial of bail to juveniles.
  • Whether the Children Court erred in rejecting the bail applications without recording specific grounds under the proviso to Section 12.

Legislation cited

Subjects

  • juvenile justice
  • bail
  • Section 12
  • observation home
  • murder
  • heinous offence
  • ends of justice
  • Children Court
  • appeal

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CRIMINAL APPEAL (SJ) No.1451 of 2025
         Arising Out of PS. Case No.-156 Year-2024 Thana- KAUWAKOL District- Nawada
     ======================================================
1.    XXX (Real name withheld)
2.   YYY (Real name withheld)
                                                                    ... ... Appellant/s
                                          Versus
     The State of Bihar
                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s     :       Mr. Krishna Deo Raj, Advocate.
                                     Mr. Gautam, Advocate.
     For the State           :       Mr. Syed Ashfaque Ahmad, APP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                     ORAL JUDGMENT
      Date : 04.05.2026
                The present Appeal has been preferred by the

      Appellants vide impugned order dated 13.02.2025 passed by

      learned District and Additional Sessions Judge-I, Nawada, in

      Special Case (Child Act) No. 01 of 2025 arising out of

      Kauwakol P.S. Case No. 156 of 2024 registered for the offences

      punishable under Sections 302 and 440 read with Section 34 of

      the Indian Penal Code, whereby the regular bail petition of the

      Appellants has been rejected by learned Children Court holding

      that the Appellants have been alleged to have committed

      offences punishable under Sections 302 and 440 read with

      Section 34 of the Indian Penal Code which is heinous in nature

      touching the conscience of the general public.

                     2. As per the prosecution case, the victim was beaten

      and set on fire by the appellants and the co-accused which
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                            2/24




         resulted into death of the victim.

                      3. After investigation, charge-sheet was submitted

         against three persons including both the appellants.         By the

         order dated 29.07.2024 the case of the appellant No.2 was sent

         to Juvenile Justice Board whereas the case of appellant No.1

         was sent to Juvenile Justice Board by the order dated

         27.08.2024. The case of both the appellants were amalgamated

         by the order dated 21.10.2024. Vide order dated 06.01.2025,

         preliminary assessment of both the appellants was conducted by

         learned Juvenile Justice Board and they were found to be

         physically and mentally mature. Hence, their case was sent to

         Children Court for their trial as adults.

                      4. By the impugned order dated 13.02.2025, the

         regular bail petitions of the appellants were rejected by learned

         Children Court. Hence, the Appellants are before this Court.

                      5. Trial of the Appellants has also commenced by

         framing of charge on 12.06.2025 under Sections 302 and 440

         read with Section 34 of the Indian Penal Code. During trial, five

         prosecution witnesses have already been examined and the case

         is still running at the stage of the prosecution evidence.

                                 Social Investigation Report

                      6. There is no social background reports on record in
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                            3/24




         regard to the appellants. Even social investigation report is only

         with regard to appellant No.1.

                      7. As per social investigation report, the appellant

         No.1 is physically fit and not suffering from any handicap. He is

         unmarried. His conduct towards his parents is cordial. He is

         religious in nature. He has no habit of smoking and drinking

         liquor or taking narcotics or playing gambling. He is found to be

         disciplined. He has studied up to Intermediate in Science, but he

         has no any professional degree. The most of his friends are

         educated and in the same age group belonging to the same

         gender. The mental health of the appellant has been found to be

         normal.

                      8. The grand parents of the Appellant are illiterate but

         his father is also co-accused in this murder case and is lodged in

         jail. His cousin brother is also an accused in a case of heinous

         offence. His mother is illiterate.

                      9. As per education and family history as mentioned

         in the psychological and mental test report of the appellant No.

         2, he is 10th pass from local school and he occasionally does

         work of laborer. His father has already passed away and his

         mother is a housewife. His elder brother is also a laborer. He has

         also one younger brother and one sister, who is already married.
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                            4/24




         He also occasionally drinks liquor.

                       Submissions on behalf of the Appellants

                      10. I heard learned counsel for the appellants and

         learned APP for the State.

                      11. Learned counsel for the appellants submits that the

         appellants are innocent and have falsely been implicated in this

         case and the informant is not an eye-witness and the case is

         based on suspicion. As a matter of fact, the deceased was a

         dealer in liquor and it is possible that he may have been killed

         by his rival.

                      12. He further submits that appellant No. 2 was not

         even named in the FIR and his name has transpired in the

         confessional statement of co-accused.

                      13. He further submits that heinous nature of the

         alleged offence is not a ground for rejecting the bail to a

         juvenile in conflict with law. Hence, learned Children Court has

         erroneously rejected the bail applications of the appellants

         holding that the alleged offence is serious in nature touching the

         conscience of general public.

                      14. He further submits that bail to the a juvenile in

         conflict with law is a rule and denial of bail is an exception and

         bail can be denied to juvenile-appellant only on limited grounds,
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                            5/24




         as provided in proviso to Section 12 of J.J. Act, 2015. But as per

         the material on record, no ground is made out to deny bail to the

         appellant. The observation of the Court below in the impugned

         order is made without any basis. The impugned order is also

         based on irrelevant considerations.

                      15. He further submits that in regard to bail under

         Section 12 of the J.J. Act, 2015, there no distinction made

         between a juvenile of 16 years of age and a juvenile of age

         between 16 to 18 years. As per Section 12 of J.J. Act, even if a

         juvenile is between 16 to 18 years of age and he is alleged to

         have committed heinous offence, he is entitled to get bail under

         Section 12 of the J.J. Act, 2015.

                      16. He refers to and relies upon Lalu Kumar @ Lal

         Babu v. State of Bihar (2019 (6) BLJ 216) passed by a co-

         ordinate Bench of this Court. He also refers to and relies upon

         Biswajit Kumar Pandey @ Lalu Kumar v. State of Bihar

         (2024 SCC OnLine Pat 8499), Nitish Kumar v. State of Bihar

         (2025 SCC OnLine Pat 2421), Chandan Kumar Paswan v.

         State of Bihar (2025 SCC OnLine Pat 2434), Rakesh Rai v.

         State of Bihar (2025 SCC OnLine Pat 374) and Avnish

         Kumar V. State of Bihar and Anr. (2025 SCC OnLine Pat

         2529) passed by this Court.
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                            6/24




                      17. He also submits that the Appellants are detained in

         the Observation Home since 28.06.2024 and 17.05.2024,

         respectively.

                           Submissions on behalf of the State

                      18. However, learned APP for the State vehemently

         opposes the prayer of the Appellants for bail submitting that the

         Appellants have committed heinous offence of murder.

                      19. He also submits that the Appellants have been

         found to be of 16 years and 15 days of age as per the school

         certificate, but he is above 18 years of age as per the birth

         certificate issued by Patna Municipal Corporation, which is also

         filed on record.

                      20. He further submits that as per the preliminary

         assessment, the Appellants have been found to be physically and

         mentally competent to understand the nature and consequences

         of the alleged offence and they are being tried by the Children

         Court.

                      21. He further submits that the Trial is at its fag end.

         The prosecution evidence has been already closed and even

         three defence witnesses have been examined and the trial is still

         running for defence evidence due to delaying tactics of the

         Appellant. He also submits that before the Appellants started
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                            7/24




         living in the observation home, he was 10th class pass, but

         during his stay at the observation home, he has passed

         intermediate examination with first division. It means he is

         doing well in the observation home. As such, their further stay

         in the observation home is in their best interest.

                      22. They also submit that the benefit of Section 12 of

         the J.J. Act, 2015 cannot be given to a juvenile who has been

         found to be between 16 to 18 years of age and alleged to have

         committed heinous offence.

                    Legal Provisions regarding Bail to Juveniles
                             under the J.J. Act, 2015.

                      23. Before I consider the rival submission of the

         parties, it would be pertinent to refer to Section 12 of the

         Juvenile Justice (Care and Protection) Act, 2015, which deals

         with bail to the Juvenile. Section 12 of the Act reads as

         follows:-

                     “12. Bail to a person who is apparently a child alleged
                to be in conflict with law.-(1) When any person, who is
                apparently a child and is alleged to have committed a bailable
                or non-bailable offence, is apprehended or detained by the
                police or appears or brought before a Board, such person shall,
                notwithstanding anything contained in the Code of Criminal
                Procedure, 1973 (2 of 1974) or in any other law for the time
                being in force, be released on bail with or without surety or
                placed under the supervision of a probation officer or under the
                care of any fit person:
                     Provided that such person shall not be so released if there
                appears reasonable grounds for believing that the release is
                likely to bring that person into association with any known
                criminal or expose the said person to moral, physical or
                psychological danger or the person's release would defeat the
                ends of justice, and the Board shall record the reasons for
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                            8/24




                denying the bail and circumstances that led to such a decision.
                     (2) When such person having been apprehended is not
                released on bail under subsection (1) by the officer-in-charge
                of the police station, such officer shall cause the person to be
                kept only in an observation home ¹[or a place of safety, as the
                case may be,] in such manner as may be prescribed until the
                person can be brought before a Board.
                     (3) When such person is not released on bail under sub-
                section (1) by the Board, it shall make an order sending him to
                an observation home or a place of safety, as the case may be,
                for such period during the pendency of the inquiry regarding
                the person, as may be specified in the order.
                     (4) When a child in conflict with law is unable to fulfil the
                conditions of bail order within seven days of the bail order,
                such child shall be produced before the Board for modification
                of the conditions of bail.”
                                                              (Emphasis Supplied)

                      24. From perusal of Section 12 of the J.J. Act, 2015, it

         clearly emerges that Section 12 of the Act overrides the bail

         provisions as contained in the Criminal Procedure Act, 1973 or

         any other law for time being in force. It further emerges that as

         per Section 12 of the Act, bail to the Juvenile is a rule and

         refusal of the same is an exception and Juvenile can be denied

         bail only on the following three grounds: (i) if there appears

         reasonable grounds for believing that the release is likely to

         bring that person into association with any known criminal, or,

         (ii) expose the said person to moral, physical or psychological

         danger, or, (iii) the person's release would defeat the ends of

         justice.

                      25. Hon’ble Apex Court in Juvenile in Conflict

         with Law Vs. State of Rajasthan, as reported in 2024 SCC

         OnLine SC 5297 has also held that juvenile in conflict with law
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                                    9/24




         has to be necessarily released on bail unless the proviso is

         applicable and there must be clear finding regarding the

         applicability of the proviso. The relevant part of judgment reads

         as follows:

                   "6. From the phraseology used in sub-section 1 of
                   Section 12, a juvenile in conflict with law has to be
                   necessarily released on bail with or without surety or
                   placed under supervision of a probation officer or
                   under the care of any fit person unless proviso is
                   applicable.
                   7.We have perused all the orders passed earlier by the
                   JJ Board, Special Court and High Court and specially
                   the order dated 11th December, 2023 passed by the JJ
                   Board. There is no finding recorded that the proviso to
                   sub-Section 1 of Section 12 is applicable to the facts of
                   the case. Without recording the said finding, bail could
                   not have been denied to juvenile in conflict with law.
                   ........................................................................................
                   9.Though none of the courts at no stage have recorded
                   a finding that in the facts of the case, the proviso to
                   sub-Section 1 of Section 12 was applicable, the
                   juvenile in conflict with law has been denied bail for
                   last one year.
                   10.Hence, the impugned orders are set aside. The
                   appeal is accordingly allowed.
                   11.We direct that the juvenile in conflict with law shall
                   be released on bail without surety. However, the
                   jurisdictional Juvenile Justice Board shall issue
                   appropriate directions to the jurisdictional Probation
                   Officer to keep the juvenile under supervision and to
                   submit periodical reports to the Board about the
                   conduct of the Juvenile."
                                                                        (Emphasis supplied)

                       26. In Re-Exploitation of Children in Orphanages

         in the State of T.N. Vs. Union of Indian and Ors. as reported

         in (2020) 14 SCC 327, Hon'ble Supreme Court has held that
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                           10/24




         bail to a juvenile can be denied only on three grounds as

         provided in the Proviso to Section 12(1) of the J.J. Act, 2015.

         The relevant part of the judgment reads as follows:


                   "7. Sub-section (1) makes it absolutely clear that a
                   child alleged to be in conflict with law should be
                   released on bail with or without surety or placed under
                   the supervision of a probation officer or under the care
                   of any fit person. The only embargo created is that in
                   case the release of the child is likely to bring him into
                   association with known criminals or expose the child
                   to moral, physical or psychological danger or where
                   the release of the child would defeat the ends of
                   justice, then bail can be denied for reasons to be
                   recorded in writing. Even if bail is not granted, the
                   child cannot be kept in jail or police lock-up and has to
                   be kept in an observation home or place of safety."

                                                              (Emphasis supplied)

                      27. The High Court of Bombay in XYZ v. State of

         Maharashtra, as reported in 2023 SCC OnLine Bom 2790 has

         held that grounds for denial of bail must be based on material.

         The relevant part of judgment reads as follows:

                   "6.The mandate of the aforesaid provisions requires
                   that the CCL alleged to have committed a bailable or
                   non bailable offence and apprehended, shall be release
                   on bail with or without surety. The proviso to Section
                   12(1) puts an exception, where there are reasonable
                   grounds to believe that the release of CCL is likely to
                   bring him into the association with any known criminal
                   or exposed him to moral, physical or sociological
                   danger or his release would defeat the ends of justice.
                   It is therefore, evident that the denial of bail to the CCL
                   shall be for specific reasons akin to above proviso.
                   ………………………………………………………...
                   9. There is nothing on record to indicate that the CCL
                   is likely to come in association with the known
                   criminals or get exposed to moral, physical or
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                           11/24




                   sociological danger or his release would defeat the
                   ends of justice. In the wake of aforesaid circumstances
                   the case is made out to allow this Revision Application
                   and to release the CCL on bail by setting aside the
                   impugned order passed by the Sessions Judge, Beed.
                   Hence following order:"
                                                           (Emphasis supplied)

                      28. It also emerges that seriousness of the alleged

         offence or the age of the juvenile are also no relevant

         considerations for denial of bail under Section 12 of the J.J. Act.

         Even the child who is 16 years or above 16 years of age and is

         alleged to have committed a heinous offence is also entitled to

         get bail under Section 12 of the Act, 2015. There is no

         classification, whatsoever, provided in Section 12 of the Act,

         2015 in regard to grant of bail. Section 12 is applicable to all

         juveniles in conflict with law without any discrimination of any

         nature. (Also refer to Lalu Kumar @ Lal Babu Vs. State of

         Bihar, 2019 (6) BLJ 2016).

                      29. Karnataka High Court in XXX (accused before

         the J.J. Board) Vs. State and Others as reported in

         MANU/KA/3957/2024 has also held that Section 12 of the J.J.

         Act, 2015 is applicable even to a juvenile who is being tried as

         adult by Children Court and bail to him can be denied only on

         the grounds as provided in the Proviso to Section 12(1) of the

         J.J. Act, 2015. The relevant part of judgment reads as follows:

                   "9.   Section      12(1)    of    the      Act   provides   that
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                           12/24




                   notwithstanding anything contained in the Code of
                   Criminal Procedure, 1973, or any other law for the
                   time being in force, a child, who is produced before the
                   Board, shall be released on bail subject to proviso to
                   Section 12(1) of the Act of 2015. Therefore, it is very
                   clear that even if the child is ordered to be tried as a
                   adult, as provided under Section 18(3) of the Act of
                   2015, for the purpose of his bail application, Section
                   12 of the Act of 2015 would be applicable and his bail
                   application cannot be considered under the provisions
                   of Code of Criminal Procedure. As is evident from
                   Section 12 of the Act of 2015, the only embargo in not
                   releasing a child on bail is that there appears a
                   reasonable ground that his release is likely to bring him
                   into any association with any known criminal or
                   expose him to moral, physical or psychological danger
                   or that release of such a person would defeat the ends
                   of justice. The three disentitlement categories
                   contemplated in the proviso to Section 12(1) of the Act
                   of 2015, would not come in the way of the petitioner's
                   application being considered under Section 12 of the
                   Act of 2015 for the following reasons:-

                   (a) The nature of crime committed by the petitioner is
                   not likely to bring him into association with any known
                   criminal or expose him to moral, physical or
                   psychological danger; (b) There is no such report
                   available on record which suggests that the petitioner is
                   likely to be exposed to moral, physical and
                   psychological danger; (c) The victim girl and her
                   parents do not apprehend any danger from the
                   petitioner and they have appeared before the Special
                   Court and stated that they have no objection for
                   enlarging the petitioner on bail."

                                                          (Emphasis supplied)

                          30. Allahabad High Court in Radhika (Juvenile)

         Vs. State of U.P., as reported in 2019 SCC OnLine All 4911

         has also held that under Section 12 of the J.J. Act, 2015, nature

         and character of the alleged crime is not a relevant consideration

         and bail can be denied to a juvenile only on the grounds as
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                           13/24




         provided in the Proviso to Section 12 of the J.J. Act, 2015. The

         relevant part of judgment reads as follows:

                   "27.It is explicit from the plain reading of Section 12
                   of the Act that irrespective of nature and character of
                   the crime, if a ‘child’ brought by the police or appears
                   before the Board, such child shall, notwithstanding
                   anything contained in Code of Criminal Procedure,
                   1973 or any other law enforced in time, “shall’ be
                   released on bail with or without surety under the
                   supervision of Probation Officer or under the care of
                   any fit person. The word “fit person’ is defined under
                   section 2(28) of the Act, means any person prepared to
                   owe responsibility of a child for a specific purpose and
                   after making due enquiry in this behalf, the Board may
                   give the custody of child in the hand of “fit person’.
                   Thus, it is clear that the child delinquent has got a right
                   to be released on bail with or without surety and the
                   gravity, nature and depth of the offence shall not come
                   into the way.
                   28. However, in the proviso of Section 12(1) of the
                   Act, there are three embargoes/riders; namely; (a) if
                   there appears reasonable ground for believing that the
                   release is likely to bring that person into association
                   with any known criminal or; (b) expose that person as
                   moral, physical or psychological danger or; (c) the
                   person's release would defeat the ends of justice, the
                   Board shall record the reasons for denying the bail and
                   circumstances lead to such a decision.
                   29. From the plain reading of the above proviso, it has
                   been clearly borne out that (1) the juvenile delinquent
                   has got unqualified right to seek bail irrespective of the
                   gravity, depth and seriousness of the offence; (2) his
                   bail could be denied strictly on the three grounds, as
                   mentioned under the proviso of Section 12 of the Act
                   by the Board”.
                                                              (Emphasis supplied)

                          31. Punjab and Haryana High Court has also

         held in Vishvas vs. State of Punjab as reported in

         MANU/PH/0067/2021 that under Section 12 of J.J. Act, 2015,

         the nature and gravity of the alleged offence is not relevant
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                           14/24




         while considering bail application to a juvenile. Bail can be

         denied to a juvenile under Section 12 of the J.J. Act, 2015 only

         on the grounds as provided in the proviso to Section 12(1) of the

         J.J. Act and there must be material on record in support of the

         grounds. It has also held that ‘ends of justice being defeated’

         has to be considered in the context of the welfare of the

         juvenile. The relevant part of judgment reads as follows:

                   "7. From a bare reading of the provisions of Section 12
                   of the J.J. Act, it appears that the intention of the
                   legislature is to grant bail to the juvenile irrespective of
                   the nature or gravity of the offence alleged to have
                   been committed by him, and bail can be declined only
                   in such cases where reasonable grounds are there for
                   believing that the release is likely to bring the juvenile
                   into association of any known criminal or expose him
                   to moral, physical or psychological danger, or that his
                   release would defeat the ends of justice. Meaning
                   thereby, as per aforesaid provision, a juvenile can be
                   denied the concession of bail, if any of the three
                   contingencies specified under Section 12(1) of the J.J.
                   Act is available. Similar view was observed in cases
                   Manoj Singh vs. State of Rajasthan 2004(2) RCC 995,
                   Lal Chand v. State of Rajasthan MANU/RH/1042/2005
                   : 2006(1) RCC 167, Prakash v. State of Rajasthan
                   MANU/RH/0549/2005 : 2006(2) RCR (Criminal) 530
                   and Udaibhan Singh alias Bablu Singh v. State of
                   Rajasthan MANU/RH/1038/2005 : 2005(4) Crimes
                   649.
                   8. Learned counsel for the respondent-State has also
                   not pointed out any material available on record to
                   show that there are reasonable grounds for believing
                   that the petitioner is likely to come into the association
                   of any known criminal if released on bail, or his
                   release will expose him to moral, physical or
                   psychological danger. The order passed is mechanical
                   and without adhering to the provisions of Section 12(1)
                   of the J.J. Act, which specifies that 'the Board shall
                   record the reasons for denying the bail and
                   circumstances that led to such a decision.'
                   ………………………………………………………...
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                                   15/24




                   12. The Supreme Court and various High Courts, time
                   and again have reiterated the well settled position of
                   law, that gravity of offence is immaterial in deciding
                   the bail application. Bail of a child in conflict with law
                   cannot be rejected in a routine manner and if the bail is
                   declined, a reasoned order has to be given by the
                   Board. A juvenile has to be released on bail
                   mandatorily unless and until the exceptions carved out
                   in proviso to Section 12(1) of the J.J. Act, 2015 itself
                   are made out. The exceptions are noted being:-
                   a) a reasonable ground for believing that the release is
                   likely to bring the juvenile into association with any
                   known criminal;
                   b) his release is likely to expose him to any moral,
                   physical or psychological danger; and
                   c) his release would defeat the ends of justice.
                   ........................................................................................
                   ..................................................
                   14. The third exception namely 'ends of justice being
                   defeated' has to be considered in the context of the
                   welfare of the juvenile, as has been held by the Delhi
                   High Court in Master Abhishek (Minor) Vs. State
                   (Delhi) MANU/DE/0445/2005 : 2005 VI AD Delhi 18.
                                                                       (Emphasis supplied)

                           32. Similar view has been taken by Rajasthan

         High Court in Gau v. State of Rajasthan, 2025 as reported in

         SCC OnLine Raj 2526. The relevant part of the judgment reads

         as follows :

                   "7.The language of Section 12 of the Act of 2015
                   conveys the intention of the Legislature to grant bail to
                   the juvenile, irrespective of nature or gravity of the
                   offence, alleged to have been committed by him and
                   bail can be denied only in the case where there appears
                   reasonable grounds for believing that the release is
                   likely to bring him into association with any known
                   criminal, or expose him to moral, physical or
                   psychological danger, or that his release would defeat
                   ends of justice.
                                                                       (Emphasis supplied)
                       33. Here, it would be also pertinent to point out that
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                           16/24




         the ends of justice as used in the proviso to Section 12(1) of the

         J.J. Act is drastically different to one as used in the context of

         penal statutes. The ends of justice in the context of any Act is

         ascertained on the basis of the purpose and object of that Act

         and the objective of the J.J. Act is to reform and rehabilitate the

         juveniles and not to punish them, as emerges from the preamble

         to the J.J. Act, which reads as follows:

                            “An Act to consolidate and amend the law
                relating to children alleged and found to be in conflict
                with law and children in need of care and protection by
                catering to their basic needs through proper care,
                protection, development, treatment, social reintegration,
                by adopting a child-friendly approach in the adjudication
                and disposal of matters in the best interest of children and
                for their rehabilitation through processes provided, and
                institutions and bodies established, hereinunder and for
                matters connected therewith or incidental thereto.”
                                                          (Emphasis Supplied)

                      34. The purpose and object of the J.J. Act manifests

         in Section 3 also of the J.J. Act, providing for general principles

         to be followed in the administration of the Act. Section 3 of the

         Act reads as follows:

                “3. General principles to be followed in administration
                of Act. The Central Government, the State Governments,
                the Board, and other agencies, as the case may be, while
                implementing the provisions of this Act shall be guided by
                the following fundamental principles, namely:—
                ………………………………………………………...
                (iv) Principle of best interest: All decisions regarding the
                child shall be based on the primary consideration that they
                are in the best interest of the child and to help the child to
                develop full potential.
                ……………………………………………………………
                (vi) Principle of safety: All measures shall be taken to
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                           17/24




                ensure that the child is safe and is not subjected to any
                harm, abuse or maltreatment while in contact with the care
                and protection system, and thereafter.
                (vii) Positive measures: All resources are to be mobilised
                including those of family and community, for promoting
                the well-being, facilitating development of identity and
                providing an inclusive and enabling environment, to
                reduce vulnerabilities of children and the need for
                intervention under this Act.
                (viii) Principle of non-stigmatising semantics: Adversarial
                or accusatory words are not to be used in the processes
                pertaining to a child.”

                                                          (Emphasis supplied)

                        35. High Court of Uttaranchal in X (Juvenile in

         conflict with law) Vs. State of Uttarakhand, as reported in

         2025 SCC OnLine Utt 157 has also held that the Juvenile

         Justice Act is child friendly and all decisions regarding the child

         under the Act should be based on primary consideration of the

         best interest of the child. It has been also held that any juvenile

         in conflict with law is entitled to get released on bail

         irrespective of nature of the offence. Bail could be denied to him

         only on the grounds as provided in the proviso to Section 12 (1)

         of the J.J. Act., 2015. The relevant part of judgment reads as

         follows:

                   8. For a child in conflict with law, every offence is
                   bailable. The CIL is entitled to be released on bail as
                   per Section 12 of the Juvenile Justice (Care and
                   Protection of Children) Act, 2015 (“the Act”),
                   irrespective of the offence having been classified
                   bailable or non bailable. The only rider is the proviso
                   to Section 12 of the Juvenile Justice Act. The child
                   may not be released on bail, if there are grounds to
                   believe that the release is likely to bring that person
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                                   18/24




                   into association with any known criminal or expose the
                   said person to moral, physical or psychological danger
                   or the release of the person would defeat the ends of
                   justice.
                   9. The JJ Act is, in fact, child friendly. The central
                   theme is that the child interest is supreme. Section 3 of
                   the JJ Act incorporates the general principles to be
                   followed in the administration of the Act. According to
                   which, “all decisions regarding the child shall be based
                   on the primary consideration that they are in the best
                   interest of the child and to help the child to develop
                   full potential. In fact, Section 3 sub section (v) speaks
                   of primary responsibility. According to it, “the primary
                   responsibility of care, nurture and protection of the
                   child shall be that of the biological family or adoptive
                   or foster parents, as the case may be”.
                   ........................................................................................
                   12.Nothing has been shown that if released the CIL
                   would come into contact with any known criminal or
                   expose him to moral, physical or psychological danger
                   or his release would defeat the ends of justice.
                                                                       (Emphasis supplied)

                       36. The J.J. Act is based on the belief that children are

         the future of the society and in case they go into conflict with

         law under some circumstances, they should be reformed and

         rehabilitated and not punished. No society can afford to punish

         its children. Punitive approach towards children in conflict with

         law would be self-destructive for the society.

                       37. As such, if the keeping of the child in custody is

         helpful in his development and rehabilitation or protection, only

         then it could be said that release of the child would defeat the

         ends of justice. (Also refer to Abhishek Vs. State, 205 CriLJ

         (NOC) 115 (Delhi) and Manoj Vs. State (NCT of Delhi, 2006
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                           19/24




         CriLJ 4759).

                      38. It also emerges from Section 3 of the Act that

         Reformatory or Observation Home is only one of the measures

         contemplated by our legislature for reforming and rehabilitating

         the delinquent children. However, the family of the child in

         conflict with law has been considered by the legislature as the

         best and first desirable institution to achieve the object of the

         Act. Hence, the primary responsibility of care and protection of

         the child has been given to the biological family or adoptive or

         foster parents of the child and it has been contemplated that

         every child in conflict with law has right to be reunited with his

         family at the earliest. Institutionalization of a juvenile in conflict

         with law has been contemplated as the last resort. Such

         principles manifest in clauses v, xii and xiii of Section 3 of the

         Act which read as follows:

                “3. General principles to be followed in administration
                of Act. The Central Government, the State Governments,
                the Board, and other agencies, as the case may be, while
                implementing the provisions of this Act shall be guided by
                the following fundamental principles, namely:—
                ………………………………………………………...
                (v) Principle of family responsibility: The primary
                responsibility of care, nurture and protection of the child
                shall be that of the biological family or adoptive or foster
                parents, as the case may be.
                ………………………………………………………….
                (xii) Principle of institutionalisation as a measure of last
                resort: A child shall be placed in institutional care as a step
                of last resort after making a reasonable inquiry.
                (xiii) Principle of repatriation and restoration: Every child
                in the juvenile justice system shall have the right to be re-
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                           20/24




                united with his family at the earliest and to be restored to
                the same socio-economic and cultural status that he was
                in, before coming under the purview of this Act, unless
                such restoration and repatriation is not in his best
                interest.”
                                                    (Emphasis Supplied)

                      39. Hence, under the J.J. Act, 2015, a child in conflict

         with law is not expected to be treated as an adult offender. J.J.

         Boards/Courts are required to adopt fundamentally a different

         approach while dealing with juveniles in conflict with law. They

         are expected to deal with such juveniles with all sensibility and

         responsibility, keeping in mind the purpose and object of the J.J.

         Act to reform and rehabilitate the child, so as to make him a

         responsible and productive member of the society. The society

         would get ruined if such children are dealt with punitive

         approach.

                      40. Similar view has been taken by this Court in

         Biswajit Kumar Pandey @ Lalu Kumar Case (supra), Nitish

         Kumar Case (supra), Chandan Kumar Paswan Case (supra),

         Rakesh Rai Case (supra) and Avnish Kumar case (supra).

                             Summary of the legal Provisions

                      41. Hence, it is clearly found that notwithstanding

         anything contained in the code of criminal procedure or any

         other law for time being in force, bail to a juvenile in conflict

         with law is governed by Section 12 of the J.J. Act, 2015.
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                           21/24




                      41(1). Section 12 of the J.J. Act is equally applicable

         to all juveniles in conflict with law without any discrimination

         of any nature. Even a juvenile, aged between 16 to 18 years and

         being accused of heinous offence and being tried by Children

         Court, is entitled to get bail under Section 12 of the J.J. Act.

                        41(2). The nature and seriousness of the alleged

         offence is not relevant for consideration of bail under Section 12

         of the J.J. Act.

                        41(3). “The ends of justice” as used in the proviso to

         Section 12(1) of the J.J. Act is drastically different to one as

         used in general criminal jurisprudence. If the detention of the

         juvenile at Observation Home or other institutions as

         contemplated under the J.J. Act is helpful in protection,

         development and rehabilitation of the juvenile, only then it can

         be said that release of the child would defeat the ends of justice.

                       41(4). The family of the child in conflict with law is

         the best and first desirable institution to achieve the object of the

         J.J.Act. Institutionalization of a juvenile in conflict with law is

         the last resort and every child in conflict with law has right to be

         reunited with his family at the earliest.

                      41(5). Under Section 12 of the J.J. Act, 2015, bail to a

         juvenile is a rule and the refusal of the same is an exception and
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                           22/24




         it can be denied only on the grounds as provided in the proviso

         to Section 12(1) of the J.J. Act, 2015.

                      41(6). The denial of bail must be reasoned and the

         grounds of denial must be based on relevant facts and

         circumstances, as emerging from the material on record. Social

         Investigation Report is one of the most important such material.

         Perusal of such report is mandatory as per Section 15 (2) of the

         J.J. Act, 2015. The Board/Court is required to know not only

         about the offence committed by the juvenile but even about the

         socio-economic conditions/circumstances under which the

         offence was committed, so that, appropriate order in regard to

         the juvenile in conflict with law could be passed with intent to

         reform and rehabilitate the juvenile and reintegrate him with the

         mainstream of the society.

                       41(7). All resources have to be mobilized including

         those of the family and the community for reforming and

         rehabilitating the juvenile in conflict with law to make him

         productive member of the society. (Refer to Section 3 (vii) of

         the J.J. Act, 2015.)

                                          Present Case

                      42. Coming to the case on hand, I find that both the

         appellants, along with other co-accused, have allegedly
Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                           23/24




         committed murder of the son of the informant. The father of

         appellant No. 1 is also a co-accused in this case.

                      43. I further find that both the appellants have been

         found to be aged between 16-18 years and physically and

         mentally competent to understand the nature and consequences

         of the alleged offence and they are being tried by the Children

         Court. During trial, five prosecution witnesses have been

         already examined supporting the prosecution case against them.

                      44. I further find that regular bail applications of the

         appellants have been rejected on the sole ground of serious

         nature of the alleged offence.

                      45. In view of the discussions of legal provisions

         regarding bail to a juvenile in conflict with law under the J.J.

         Act, it has been clearly held that serious nature of the alleged

         offence is not a ground for rejecting the bail of a juvenile under

         Section 12 of the J.J. Act. As such, the impugned order is not

         sustainable on the ground as stated by learned Children Court.

                      46. However, after scrutiny of the relevant material on

         record, I find that the father of the appellant No. 1 is also a co-

         accused in the present case of murder and his cousin brother is

         also an accused of heinous offence. As such, family

         environment of appellant No. 1 is not conducive for reformation
             Patna High Court CR. APP (SJ) No.1451 of 2025 dt.24-04-2026
                                                        24/24




                      and rehabilitation of appellant No. 1 and hence, it would defeat

                      the ends of justice, if he is released on bail. It would be in the

                      best interest of the child that he continues in the Observation

                      Home pursuing his further studies.

                                   47. As far as appellant No. 2 is concerned, I again find

                      that his father has already passed away and there is no such

                      responsible person at his home who can take care of his proper

                      development and rehabilitation. Hence, even his release on bail

                      would defeat the ends of justice, because his stay in the

                      Observation Home would be in his best interest.

                                   48. The present Appeal is, accordingly, dismissed.

                                   49. LCR be sent back to the Court concerned

                      forthwith along with a copy of this judgment.



                                                                           (Jitendra Kumar, J.)
S.Ali/-
AFR/NAFR                AFR
CAV DATE                N/A
Uploading Date          04.05.2026.
Transmission Date       04.05.2026.


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.