Patna High Court
CICLversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- CHANDRA SHEKHAR JHA
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
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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
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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.
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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
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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
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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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