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Patna High Court

Manoj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the lower court’s order and granted bail to the juvenile appellant, subject to specified conditions, holding that bail is the rule for juveniles under the JJ Act.

Summary

Manoj Kumar, alleged to have abducted and sexually assaulted a girl and recorded obscene scenes, was detained since December 2024. He filed an application seeking bail, contending that he was a juvenile at the time of the offence and that bail for juveniles is a rule, with denial being exceptional, under the Juvenile Justice (Care and Protection of Children) Act, 2015. The High Court, after condoning the delay in filing the appeal, examined the provisions of Sections 3(i), (iv), (v), (xiv) and 12 of the JJ Act and noted that the lower court had not considered these provisions. The Court set aside the order of the District Judge dated 14 July 2025 and granted bail to the appellant, subject to a bond of Rs.10,000 with two sureties and specific conditions involving his uncle’s undertaking. The bail is conditioned on the appellant’s cooperation with the trial and compliance with the uncle’s affidavit, with default leading to cancellation of bail.

Issues considered

  • Whether a person who was a juvenile at the time of committing the alleged offence is entitled to bail under the Juvenile Justice (Care and Protection of Children) Act, 2015.
  • Whether the denial of bail to a juvenile is an exception to the general rule of bail.
  • Whether the delay in filing the criminal appeal can be condoned.
  • Whether the conditions imposed on bail for a child in conflict with law are appropriate.

Legislation cited

Subjects

  • Juvenile Justice
  • Bail
  • Child in Conflict with Law
  • Sexual Offence
  • Abduction
  • Obscene Recording
  • Delay Condonation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5229 of 2025
                 Arising Out of PS. Case No.-313 Year-2024 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
                 Manoj Kumar Son of Late Chuman Sahni Resident of Village -Devanibari PS
                 -Pakridayal District -East Champaran under the guardianship of his uncle
                 Namely rajababu aged about 21 years, son of Rajendra Sahni Resident of
                 village- Parkridayal Ward no. 02, ps- Pakaridayal, Dist- East Champaran

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    X Wife of Y Resident of Mohalla - Pakaridayal, Ward no. 06, Ps-
                 Pakaridayal, dist- East Champaran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Shashank Shekhar
                 For the Respondent/s    :        Mr.Ramchandra Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   13-01-2026                               Re:- I.A. No. 1 of 2025.

                               This interlocutory application has been filed on behalf

                   of the appellant for condonation of delay in filing the instance

                   criminal appeal which has been found after delay because of

                   some unavoidable circumstances.

                               2. For the reasons mentioned in the interlocutory

                   application, the same is allowed and the delay in filing the

                   instant criminal appeal is hereby condoned.

                              Re:- CRIMINAL APPEAL (SJ) No.5229 of 2025

                                   3. Heard learned counsel for the appellant and

                   learned APP for the State.

                               4. The present application has been filed on behalf of
Patna High Court CR. APP (SJ) No.5229 of 2025(2) dt.13-01-2026
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          the appellant against the order dated 14.07.2025 passed by the

          learned District and Additional Sessions Judge-I, East

          Champaran, Motihari in Children Trial No. 05 of 2025 arising

          out of Pakaridayal P.S. Case No. 313 of 2024.

                       5. As per the prosecution case, the appellant is

          accused in a case of abducting the victim girl and committed

          sexual activities with her and has also recorded obscene scenes

          without her consent.

                       6. 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.

                       7. 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.

                       8. He further submits that though the appellant is a

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

          12.12.2024 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.
Patna High Court CR. APP (SJ) No.5229 of 2025(2) dt.13-01-2026
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                       9. Learned counsel for the appellant further submits

          that family members of the appellant including the uncle 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.

                       10. Considering the aforesaid facts, this application is

          allowed and the order dated 14.07.2025, is hereby set aside.

                       11. 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

          ADJ-1st, East Champaran, Motihari/concerned Court below in

          connection with Children Trial No. 05 of 2025 arising out of

          Pakaridayal P.S. Case No. 313 of 2024, subject to the following

          conditions:-

                                        (i) that one of the bailors should be the
                          uncle of the appellant.
                                        (ii) that the uncle 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
          Patna High Court CR. APP (SJ) No.5229 of 2025(2) dt.13-01-2026
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                                    same will result in the cancellation of the bail
                                    bonds of the appellant.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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