Patna High Court
Raushan Kumar @ Raushan Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court held that bail must be granted to the juvenile appellant, setting aside the lower court’s order denying bail.
Summary
The appellant, a juvenile aged under eighteen, was accused of murder and detained since June 5, 2025. He filed an application before the Patna High Court challenging the denial of bail by the Special (Child) Court, invoking the Juvenile Justice (Care and Protection of Children) Act, 2015. The counsel argued that bail is a rule and denial is an exception, and that the appellant’s role was limited to handling the dead body, with his family willing to supervise him. The High Court examined Sections 3(i), (iv), (v), (xiv) and Section 12 of the JJ Act and held that the lower court erred in not applying the statutory provisions for bail of a child in conflict with law. Consequently, the court set aside the order of 11‑08‑2025 and granted bail on a bond of Rs.10,000 with two sureties, subject to conditions regarding parental supervision and cooperation with the trial. The appellant was ordered to be released on bail pending trial in the Children Court.
Issues considered
- Whether a juvenile accused of murder is entitled to bail under the Juvenile Justice (Care and Protection of Children) Act, 2015
- Whether denial of bail to a child in conflict with law is an exception to the general rule of bail
- Interpretation of Sections 3(i), (iv), (v), (xiv) and Section 12 of the JJ Act in the context of 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
- murder
- Special Child Court
- Section 12
- Section 3
- Patna High Court
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4710 of 2025
Arising Out of PS. Case No.-23 Year-2025 Thana- KURSAKANTA District- Araria
======================================================
Raushan Kumar @ Raushan Kumar Mandal S/O Vinod Kumar Mandal
Resident Of Village- Kuan Pokhar Ward No. 12, Police Station- Sikty,
District- Araria, through his father, Vinod Kumar Mandal, who is his natural
guardian.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Mukesh Kumar Rana
For the Respondent/s : Mr.Anita Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-01-2026 Heard learned counsel for the appellant and learned
APP for the State.
2. The present application has been filed on behalf of
the appellant against the order dated 11.08.2025 passed by the
learned 1st Additional Sessions Judge-cum-Special Judge, Araria
in Special (Child) Case No. 06 of 2025 arising out of
Kursakanta P.S. Case No. 23 of 2025.
3. As per the prosecution case, the appellant is
accused in a case of murder.
4. 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.
5. Learned counsel for the appellant further relies
Patna High Court CR. APP (SJ) No.4710 of 2025(2) dt.12-01-2026
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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.
6. He further submits that though the appellant is a
child in conflict with law but he has remained in jail since
5.6.2025 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. He also submits that the
main allegation of murder is against one Krishna Kumar Mandal
and the appellant has only participated in the disposal of the
dead body.
7. 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.
8. Considering the aforesaid facts, this application is
allowed and the order dated 11.08.2025, is hereby set aside.
9. Let the appellant, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- each with two sureties of
Patna High Court CR. APP (SJ) No.4710 of 2025(2) dt.12-01-2026
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the like amount each to the satisfaction of the learned 1 st
Additional Sessions Judge-cum-Special Judge, Araria/concerned
Court below in Special (Child) Case No. 06 of 2025 arising out
of Kursakanta P.S. Case No. 23 of 2025, 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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