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Patna High Court

CICLversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court set aside the order refusing bail and granted bail to the juvenile on a bond with two sureties.

Summary

The Patna High Court considered an appeal against the Special Judge's refusal to grant bail to a 17‑year‑old juvenile accused of murder under Sections 103(1) and 3(5) of the BNS. The appellant was not named in the FIR and the only evidence against him was a confessional statement of a co‑accused; no material was recovered from him and no prosecution witness had been examined. The court noted that the Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, permits bail for juveniles unless one of three specific conditions is satisfied, and the social investigation report showed the child to be of good character. Relying on the precedent of Lalu Kumar v. State of Bihar, the court held that the conditions for denial of bail were not met. Consequently, the order refusing bail was set aside and the juvenile was released on bail with a Rs 25,000 bond and two sureties, one being his father, with a probation officer to monitor his conduct.

Issues considered

  • Whether bail can be granted to a juvenile accused of murder under Sections 103(1) and 3(5) of the BNS.
  • Whether the three statutory conditions for denial of bail under Section 12 of the Juvenile Justice Act, 2015, are satisfied.
  • Whether the social investigation report and the father's willingness to stand as surety justify granting bail.

Legislation cited

Subjects

  • juvenile bail
  • Juvenile Justice Act
  • bail conditions
  • social investigation report
  • surety
  • probation officer
  • murder
  • non‑bailable offence

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3710 of 2025
                        Arising Out of PS. Case No.-197 Year-2024 Thana- PUNPUN District- Patna
                 ======================================================
                 CICL S/O Uday Kumar Singh @ Uday Kumar Under natural Guardianship of
                 his mother namely Babita Devi, aged about 66 yrs(F), W/O Uday Kumar
                 Singh @ Uday Kumar. Resident of Village- Mahamdalichak, P.S- Naubatpur,
                 District- Patna.
                                                                       ... ... Appellant/s
                                                 Versus
           1.     The State of Bihar
           2.     Prem Prakash S/O Late Singhasan Singh R/O Village- Marua, P.S- Dinara,
                  Distt.- Rohtas.
                                                                      ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Anjani Parashar
                 For the Respondent/s    :        Mr.Bal Mukund Prasad Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   18-02-2026                   Heard the parties.

                               2. The present application is being preferred against

                   order dated 21.07.2025 passed by learned Special Judge, Children

                   Court-cum-Additional District and Sessions Judge-1st, Patna in

                   Special (Juvenile) Case No. 8 of 2025 by which the learned Court

                   refused to enlarge the petitioner on bail in case arising out of

                   Punpun P.S. Case No. 197 of 2024 registered for the offence

                   punishable under Sections 103(1) and 3(5) of the BNS.

                               3. The appellant, aged about 17 years on the alleged

                   date of occurrence i.e. 07.07.2024, is not named in F.I.R., and is

                   in custody/observation home since 19.07.2024.

                               4. The allegation against this appellant is to commit
Patna High Court CR. APP (SJ) No.3710 of 2025(5) dt.18-02-2026
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          murder of cousin brother of the informant.

                       5. Learned counsel appearing on behalf of the appellant

          submitted that the name of this petitioner transpired in the present

          case on the basis of confessional statement of apprehended co-

          accused namely Sunny Kumar, in furtherance of which no

          incriminating material recovered/surfaced from the possession of

          this appellant as to show his involvement with the present crime in

          question. It is also submitted that charge in this matter was

          framed on 17.06.2025 and thereafter not even single prosecution

          witness was examined in this case and certainly in want of trial

          appellant cannot be kept in safety home for indefinite period of

          time.

                       6. Learned counsel appearing on behalf of the

          appellant/petitioner       submitted that father       of the juvenile

          appellant/petitioner is ready to stand as a surety and furnish an

          undertaking that he will take care of the appellant/petitioner and

          shall ensure his studies as well as that he would not fall in bad

          company and would take all possible care to connect him with the

          mainstream of the society.

                       7. Learned APP opposed the prayer for bail. Learned

          APP has, however, not pointed out any adverse material from the

          social investigation report.
Patna High Court CR. APP (SJ) No.3710 of 2025(5) dt.18-02-2026
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                       8. Having regard to the submission and materials

          showing that the appellant has been adjudged juvenile aged about

          17 years on the alleged date of occurrence, no active participation

          of the appellant/petitioner has been alleged and the social

          investigation report of the petitioner is not showing any adverse

          material against him so as to dissuade this court for granting

          release of the appellant/petitioner on bail, as also that appellant

          has remained in the safety home for more than one year and six

          months and his father is ready to stand as a surety and furnish an

          undertaking that if released on bail he will take care of the

          appellant and shall ensure that he does not fall in bad company

          and, in case, the appellant indulges in any unlawful act, he will

          inform it to the jurisdictional police station. Following the spirit of

          Section 12 of the Juvenile Justice (Care and Protection of Children)

          Act, 2015 and in view of the exceptions carved out by the Hon’ble

          Division Bench of this Court in the case of Lalu Kumar and Ors.

          Vs. The State of Bihar reported in 2019 (4) PLJR 833 that

          classification of the offences under the bailable and non-bailable

          sections would not be relevant for the purpose of grant of bail to a

          juvenile and the prayer for bail of a juvenile may be rejected only

          under one of the three conditions as under:-

                             “(i) The release is likely to bring that
Patna High Court CR. APP (SJ) No.3710 of 2025(5) dt.18-02-2026
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                             person into association with any known
                             criminal;
                             (ii) The release is likely to expose the
                             said person to moral or physiological
                             danger; and
                             (iii) The release would defeat the ends
                             of justice.”



                          9. The Social Investigation Report vide order dated

          12.11.2025, is now available on record. On perusal of the said

          report it appears that child/appellant is of good nature and is not of

          criminal mindset and nowhere appears that appellant cannot

          reform in future as to join mainstream of the society.

                          10. Accordingly, this court sets-aside the impugned

          order and directs release of the appellant/petitioner on bail on

          furnishing bail bond of Rs.25,000/- (Rupees Twenty Five

          Thousand only) with two sureties of the like amount each to the

          satisfaction of learned Special Judge-cum-Additional District and

          Sessions Judge-1st, Patna/concerned Court in connection with

          Punpun P.S. Case No. 197 of 2024.

                          11. One of the sureties should be the father of the

          appellant and he will also furnish an undertaking in terms stated

          here-in-above.

                       12. The Probation Officer shall keep on visiting the place

          of the appellant and shall submit periodical report to the Juvenile
               Patna High Court CR. APP (SJ) No.3710 of 2025(5) dt.18-02-2026
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                         Justice Board (J.J.B.), Patna, regarding conduct of the appellant. If

                         found anything adverse against this appellant/petitioner, the same

                         will also be reported to the Board for necessary action.


                                                            (Chandra Shekhar Jha, J.)
S.Tripathi/-
U       T


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