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Patna High Court

Ranjit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the juvenile appellant in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.

Summary

The appellant, Ranjit Kumar, a juvenile (under 18) and brother‑in‑law of the deceased, was detained in connection with a criminal case. He applied for bail, arguing that under the Juvenile Justice (Care and Protection of Children) Act, 2015, denial of bail to a child is an exception and that the lower court had not considered his release. The appellant’s counsel cited Sections 3(i), (iv), (v), (xiv) and Section 12 of the JJ Act, emphasizing the need for his family’s care upon release. The court held that the appellant qualifies as a child in conflict with law and that bail may be granted subject to conditions. Consequently, the earlier order denying bail was set aside and the appellant was released on bail of Rs. 10,000 with two sureties and specific undertakings by his father.

Issues considered

  • Whether a juvenile (child 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 without applying the provisions of the JJ Act.

Legislation cited

Subjects

  • juvenile justice
  • bail
  • child in conflict with law
  • Section 12 JJ Act
  • family undertaking
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4076 of 2025
                     Arising Out of PS. Case No.-320 Year-2024 Thana- BAJPATTI District- Sitamarhi
                 ======================================================
                 Ranjit Kumar S/o Bhola Sah through under guardianship R/o Village -
                 Mohamadpur, Ward no - 04, P.S - Bajpatti, District - Sitamarhi

                                                                                   ... ... Appellant/s
                                                       Versus
                 The State of Bihar Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Devendra Kumar
                 For the Respondent/s    :        Mr.Syed Ehteshamuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   05-01-2026                 Heard learned counsel for the appellant and learned

                   APP for the State.

                               2. The present application has been filed on behalf of

                   the appellant

                               3. As per the prosecution case, the appellant is the

                   brother-in-law (devar) of the deceased.

                               4. Learned counsel for the appellant has submitted

                   that the petitioner has been held to be juvenile and on the date of

                   occurrence he has been assessed to be less than eighteen years.

                               5. 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
Patna High Court CR. APP (SJ) No.4076 of 2025(3) dt.05-01-2026
                                             2/3




          a rule and denial of bail to a juvenile is an exception.

                       6. He further submits that though the appellant is a

          child in conflict with law but he has remained in jail since

          19.02.2025 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.

                       7. Learned counsel for the appellant further submits

          that family members of the appellant including the father of the

          petitioner 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.

                       8. Considering the aforesaid facts, this application is

          allowed and the order dated 24.06.2025, is hereby set aside.

                       9. Let the appellant, above named, be released on bail

          on furnishing bail bond of Rs. 10,000/- with two sureties of the

          like amount each to the satisfaction of the learned Special

          Judge, Children’s Court-cum-District & Addl. Sessions Judge-

          1st, Sitamarhi, Bihar, 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
              Patna High Court CR. APP (SJ) No.4076 of 2025(3) dt.05-01-2026
                                                           3/3




                                  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)
tusharika/-

U       T


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