Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court granted bail to the juvenile appellant, setting aside the lower court’s order denying bail.
Summary
Vishal Kumar, a juvenile aged less than eighteen, was accused of abducting and raping a girl and had been in custody since July 2021. He filed an application challenging the order dated 1 August 2022 of the 1st Additional Sessions Judge (Children's Court) that denied him bail in Children Trial No.9 of 2022. The appellant’s counsel argued that under the Juvenile Justice (Care and Protection of Children) Act, 2015, bail is the rule for juveniles and denial is an exception, citing Sections 3(i), (iv), (v), (xiv) and 12. The High Court held that the lower court erred in refusing bail and set aside its order, granting bail on a bond of Rs.10,000 with two sureties and specific conditions regarding the appellant’s father’s undertaking and cooperation in trial. The bail was conditioned on the father’s affidavit and compliance with trial attendance, with default leading to cancellation.
Issues considered
- Whether a juvenile in conflict with law is entitled to bail under the Juvenile Justice (Care and Protection of Children) Act, 2015.
- Whether the lower court erred in denying bail to the juvenile accused of abduction and rape.
- Interpretation of Sections 3(i), (iv), (v), (xiv) and 12 of the Juvenile Justice Act regarding bail.
Legislation cited
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 12, 3(i), 3(iv), 3(v), 3(xiv)
Subjects
- juvenile justice
- bail
- child in conflict with law
- abduction
- rape
- criminal procedure
- Children's Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3642 of 2025
In
CRIMINAL REVISION No.616 of 2022
Arising Out of PS. Case No.-202 Year-2021 Thana- ADAPUR District- East Champaran
======================================================
Vishal Kumar Son of Anil Prasad Resident Of Village- Jamunbhar, Ps-
Adapur, Dist- East Champaran
... ... Appellant/s
Versus
1. The State of Bihar bihar
2. Harun Miyan Son of Late Sarfuddin Miyan Resident Of Village- Jamunbhar,
Ps- Adapur, Dist- East Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sunil Kumar No.III
For the Respondent/s : Mr. Awadhesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 12-01-2026 Learned counsel for the appellant was directed to
remove the defects during the course of the day and after
removal of the same, this case has been heard.
2. Heard learned counsel for the appellant and
learned APP for the State.
3. The present application has been filed on behalf of
the appellant against the order dated 1.8.2022 passed by the
learned 1st Additional Sessions Judge-cum-Spl. Judge,
Children’s Court, Motihari, East Champaran in connection with
Children Trial No. 9 of 2022.
4. As per the prosecution case, the appellant is
accused in a case of abducting the victim girl and committing
Patna High Court CR. APP (SJ) No.3642 of 2025(6) dt.12-01-2026
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rape with her.
5. Learned counsel for the appellant has submitted
that the appellant has been held to be juvenile and on the date of
occurrence he has been assessed to be less than eighteen years.
6. Learned counsel for the appellant further relies
upon the provisions of the Section 3(i), (iv), (v) and (xiv) of the
Juvenile Justice (Care and Protection of Children) Act, 2015. He
also relies upon Section 12 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 and has submitted that bail is
a rule and denial of bail to a juvenile is an exception.
7. He further submits that though the appellant is a
child in conflict with law but he has remained in jail since
22.7.2021 and the Court below has not considered the law with
regard to the release of juvenile under the Juvenile Justice (Care
and Protection of Children) Act, 2015.
8. Learned counsel for the appellant further submits
that family members of the appellant including the father of the
appellant will take care of the appellant so that he may not do
any further crime and he may not remain in the company of the
criminals.
9. Considering the aforesaid facts, this application
is allowed and the order dated 1.8.2022, is hereby set aside.
Patna High Court CR. APP (SJ) No.3642 of 2025(6) dt.12-01-2026
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10. Let the appellant, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- each with two
sureties of the like amount each to the satisfaction of the learned
1st Additional Sessions Judge-cum-Spl. Judge, Children’s Court,
Motihari, East Champaran in connection with Children Trial No.
9 of 2022, subject to the following conditions:-
(i) that one of the bailors should be the
father of the appellant.
(ii) that the father of the appellant shall
file an affidavit before the concerned Court below,
giving specific undertaking that after release of the
appellant on bail, he will take proper care of the
appellant and will not allow him to fall into bad
company.
(iii) The appellant will co-operate in the
trial in the Children Court. He will appear
personally or through his lawyer. Any default in the
same will result in the cancellation of the bail
bonds of the appellant.
(Sandeep Kumar, J)
Vikas/-
U
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