Patna High Court
Mr. AversusThe 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 denial of bail.
Summary
The appellant, a minor at the time of the alleged offence, was charged under Sections 20(b)(II)(c), 23, 25 and 29 of the NDPS Act for the alleged recovery of 71.140 kg of charas. The trial court denied bail, but the appellant’s counsel argued that under the Juvenile Justice (Care and Protection of Children) Act, 2015, bail is the rule and denial is an exception, especially for a child in conflict with law. Relying on Sections 3(i), (iv), (v), (xiv) and 12 of the Juvenile Justice Act, the counsel sought release on bail, emphasizing the appellant’s juvenile status and the willingness of his mother to provide care. The Patna High Court held that the lower court erred by not applying the juvenile justice provisions and set aside its order. Consequently, the High Court granted bail on a Rs.10,000 bond with two sureties and imposed conditions that the mother act as a bailor and undertake to care for the appellant and that the appellant cooperate with the trial.
Issues considered
- Whether a juvenile accused of offences under the NDPS Act is entitled to bail as a matter of right under the Juvenile Justice (Care and Protection of Children) Act, 2015.
- Whether the trial court erred in denying bail without considering the provisions of the Juvenile Justice Act applicable to a child in conflict with law.
Legislation cited
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 12, 3(i), 3(iv), 3(v), 3(xiv)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(II)(c), 23, 25, 29
Subjects
- juvenile justice
- bail
- NDPS Act
- child in conflict with law
- charas seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4882 of 2025
In
CRIMINAL REVISION No.736 of 2025
Arising Out of PS. Case No.-332 Year-2024 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Mr. A S/O Sri Nandkishore Sahni R/O Village- Patora, P.S- Mufasil, Distt.-
East Champaran (Motihari), Bihar, through his mother and lawful guardian
Sumitra Devi, W/O Sri Nandkishore Sahni, R/O Village- Patora, P.S- Distt.-
East Champaran (Motihari), Bihar.
... ... Appellant/s
Versus
The State of Bihar Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashok Kr. Dubey
Mr.Sudhanshu Prakash
Mr. Sandeep Kumar Mandal
For the Respondent/s : Mr.Upendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-01-2026 Heard learned counsel for the appellant and learned
APP for the State.
2. The present application has been filed on behalf of
the appellant for setting aside the order dated 05.06.2025 passed
by the learned District and Sessions Judge-I, Gopalganj passed
in Special Case No. 5 of 2025 arising out of Kuchaikote P.S.
Case No. 332 of 2024 registered for the offence under Sections
20(b)(II)(c), 23, 25, 29 of the NDPS Act.
3. As per the prosecution case, the recovery is of
71.140 Kg of Charas.
4. Learned counsel for the appellant has submitted
Patna High Court CR. APP (SJ) No.4882 of 2025(2) dt.20-01-2026
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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
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
4.8.2024 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 his mother 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 05.06.2025 passed by the learned
District and Sessions Judge-I, Gopalganj passed in Special Case
No. 5 of 2025 arising out of Kuchaikote P.S. Case No. 332 of
2024, is hereby set aside.
Patna High Court CR. APP (SJ) No.4882 of 2025(2) dt.20-01-2026
3/3
9. 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 District
and Additional Sessions Judge-I-cum-Special Court (Children
Act), Gopalganj/concerned Court below passed in Special Case
No. 5 of 2025 arising out of Kuchaikote P.S. Case No. 332 of
2024, subject to the following conditions:-
(i) that one of the bailors should be the
mother of the appellant.
(ii) that the mother 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)
P.Kumar
U
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