Patna High Court
Dama @ Uma @ Om Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- CONVERTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Orders of the Children Court may be challenged only by filing an appeal under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015, necessitating conversion of the criminal miscellaneous applications into such appeals.
Summary
The petitioners, both minors, filed bail applications under the caption of criminal miscellaneous, which were rejected by the High Court. It later emerged that the original order dated 19.01.2024 had been passed by the Children Court, making the bail petitions procedurally inappropriate. The Court examined the statutory remedy available against orders of the Children Court and noted that only an appeal under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 is permissible. Consequently, the Court directed that the pending criminal miscellaneous applications be converted into criminal appeals under the said provision. After conversion, the applications were deemed disposed, and the case was to be listed before the appropriate bench for further hearing. The order also directed updating the case status in the Court’s information system.
Issues considered
- Whether bail applications filed as criminal miscellaneous are appropriate when the petitioners are minors and the order originates from a Children Court
- What is the correct statutory remedy against an order passed by the Children Court under the Juvenile Justice Act
Legislation cited
Subjects
- bail
- juvenile justice
- children court
- appeal
- criminal miscellaneous
- Section 101
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3927 of 2026
Arising Out of PS. Case No.-290 Year-2023 Thana- BIDUPUR District- Vaishali
======================================================
Dama @ Uma @ Om Prakash Kumar S/O Nagendra Rai R/O Village-
Sitalpur, Kamalpur, P.S- Bidupur, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 25271 of 2026
Arising Out of PS. Case No.-290 Year-2023 Thana- BIDUPUR District- Vaishali
======================================================
Ankit Kumar @ Aniket Kumar S/o Raj Kumar Singh @ Raju Singh @ Raju
Kumar Singh Resident of Village- Ramdauli, Police Station- Bidupur, Distt.-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 3927 of 2026)
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
For the Informant : Mrs. Bela Singh, Advocate
Mr. Binod Kumar Paswan, Advocate
(In CRIMINAL MISCELLANEOUS No. 25271 of 2026)
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate
For the Opposite Party/s : Md. Mushtaque Alam, APP
For the Informant : Mrs. Bela Singh, Advocate
Mr. Binod Kumar Paswan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
7 03-07-2026 It is submitted by learned counsel appearing for
petitioners that under wrong impression, earlier, criminal
miscellaneous application was filed, as impugned order dated
19.01.2024 nowhere suggest that same was passed by
Children Court. Accordingly, the bail petitions preferred by
Patna High Court CR. MISC. No.3927 of 2026(7) dt.03-07-2026
2/3
the petitioners was filed under caption of “criminal
miscellaneous”, which was rejected through Cr. Misc.
No.34639 of 2024 vide order dated 06.09.2024 (Annexure-
P/1). It is submitted that, later on, during the course of
argument, it transpires that the petitioners were below 18
years, therefore, a detailed report was called for from the
learned trial court, which was made available to this Court
through report dated 28.04.2026 vide Letter No.441, (kept
at Flag-C), suggesting that the earlier impugned order dated
19.01.2024 was passed by the Children Court.
2. The present prayer of regular bail on second
occasion was preferred by petitioners, which was listed as
treating this case as tied up for the reason that the earlier
bail order (Annexure-P/1) was rejected by this Court.
3. It is provision of the law that against any order
passed by the Children Court, only appeal is to be preferred
in view of Section 101 of the Juvenile Justice (Care and
Protection of Children) Act, 2015.
4. In view of aforesaid, the learned counsel
appearing for petitioner and also the office is directed to take
Patna High Court CR. MISC. No.3927 of 2026(7) dt.03-07-2026
3/3
necessary steps for conversion of present criminal
miscellaneous to criminal appeal under Section 101 of the
Juvenile Justice (Care and Protection of Children) Act, 2015
and further to list these matters before appropriate Bench.
5. After conversion into appeals, the present
applications deemed to be disposed of.
6. The necessary steps be also taken to update in
Case Information System (in short “CIS”).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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