Patna High Court
Adarsh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
An anticipatory bail application by a child must be decided after the mandatory Social Background and Social Investigation Reports, psychologist's report, and Juvenile Justice Board assessment are considered; therefore, the matter must be remanded for fresh consideration.
Summary
The petitioners, two minors aged 15 and 16, sought anticipatory bail in connection with a FIR alleging assault causing grievous injury. They argued that the delay in filing the FIR and lack of specific attribution of the injury to them raised doubts about the prosecution's case, and that the lower court had erred by not considering the mandatory Social Background and Social Investigation Reports. The State contended that the minors should approach the Juvenile Justice Board and that the seriousness of the alleged offences warranted denial of bail. The High Court observed that the lower court had indeed omitted the required reports and therefore could not properly assess the bail application. Consequently, the Court remanded the matter to the District and Additional Sessions Judge/Children Court for fresh consideration after obtaining the requisite reports and the Juvenile Justice Board's preliminary assessment, while granting interim protection from arrest. The application was disposed of pending the remand.
Issues considered
- Whether an anticipatory bail application filed by a child in conflict with law is maintainable under Section 482 of the BNSS, 2023.
- Whether the lower court erred by not considering the Social Background Report, Social Investigation Report, and psychologist's report before rejecting bail.
- Whether the delay in lodging the FIR and lack of specific attribution of injury affect the merits of the bail application.
Legislation cited
- BNS, 2023 — s. 109(1), 117(2), 118(2), 126(2), 3(5)
- BNSS, 2023 — s. 482
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 15
- Juvenile Justice (Care and Protection of Children) Rules, 2016 — s. 8(1), 8(5)
Subjects
- anticipatory bail
- children in conflict with law
- juvenile justice
- social background report
- section 482
- pre‑arrest bail
- remand
- delay in FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43996 of 2026
Arising Out of PS. Case No.-109 Year-2026 Thana- MADHUBAN District- East Champaran
======================================================
1. Adarsh Kumar Son of Sri Jitendera Kumar @ Jitendra Singh @ Jitendra
Kumar Singh Resident of village -Tengharhi PS -Siwaipatti District
-Muzaffarpur through its Father and Natural Guardian Namely Jitendra
Kumar @ Jitendra Singh @ Jitendra Kumar singh
2. Akash Kumar Son of Sri Jitendra Kumar @ Jitendra Singh @ Jitendra
Kumar Singh Resident of village -Tengharhi PS -Siwaipatti District
-Muzaffarpur through its Father and Natural Guardian Namely Jitendra
Kumar @ Jitendra Singh @ Jitendra Kumar singh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv.
Mr. Purushottam Kumar, Adv.
For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 08-07-2026 Heard learned Advocate for the petitioners and
learned Advocate for the State.
2. The petitioners, who are children in conflict with
law (hereinafter referred to as "the CICLs"), apprehend their
arrest in connection with Madhuban P.S. Case No. 109 of 2026
registered for the offences punishable under Sections 126(2),
109(1), 117(2), 118(2) and 3(5) of the BNS, 2023.
3. Before adverting to the merits of the present
application, learned Advocate appearing for the CICLs,
submitted that the issue regarding the maintainability of an
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application for pre-arrest bail at the instance of a child in
conflict with law by invoking the jurisdiction of this Court
under Section 482 of the BNSS, 2023, is no longer res integra,
inasmuch as the same has been settled by various Benches of
this Court. It is, therefore, submitted that there is no legal
impediment in entertaining the present application.
4. The prosecution case, in brief, is that on the alleged
date and time of occurrence, when the informant was returning
after appearing in his matriculation examination, the present
CICLs along with 10–11 other unknown boys allegedly
surrounded and brutally assaulted him by means of an iron rod,
belt and knife, causing serious injuries. After receiving medical
treatment, the present First Information Report came to be
instituted.
5. Learned Advocate for the CICLs submitted that
CICL No. 1 is aged about 15 years, whereas CICL No. 2 is aged
about 16 years. In support of the said contention, the
certificates/mark sheets of Class-X issued by the Central Board
of Secondary Examination of both the CICLs have been brought
on record. It is further submitted that although the alleged
occurrence took place on 07.03.2026, the FIR was instituted
only on 10.03.2026 and was received by the Court on
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13.03.2026. The delay in lodging the FIR, therefore, gives rise
to the possibility of deliberation and embellishment in the
prosecution story.
6. Learned Advocate for the CICLs, further contended
that even if the allegations made in the FIR are accepted in their
entirety, there is no specific allegation attributing the grievous
injury sustained by the informant to either of the present CICLs.
The injury report reveals that all the injuries were caused by
hard and blunt substance, thereby rendering the allegation
regarding assault by knife prima facie doubtful. Although one
out of the four injuries has been found to be grievous in nature,
the same has admittedly not been attributed to either of the
CICLs. It is next contended that while rejecting the prayer for
anticipatory bail, the learned Sessions Judge failed to call for or
consider the Social Background Report and the Social
Investigation Report, which are relevant for adjudication of the
matter. Reliance has been placed upon the order dated
12.05.2025 passed by a Coordinate Bench of this Court in
Criminal Miscellaneous No. 56295 of 2024, wherein it has been
held that an application for anticipatory bail at the instance of a
child in conflict with law is maintainable and, in the absence of
the Social Background Report and the Social Investigation
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Report, the matter was remitted for fresh consideration.
Reliance has also been placed upon the order passed in the case
of Himanshu Kumar @ Munna in Criminal Miscellaneous No.
80721 of 2024.
7. Per contra, learned Advocate for the State
vehemently opposed the bail application and submitted that the
CICLs ought to approach the Juvenile Justice Board and place
their respective cases before the competent authority. It is
further submitted that, notwithstanding the age of the CICLs as
reflected from the documents produced by them, they had
actively participated in the commission of the alleged offence
and caused grievous injuries to the informant.
8. Having considered the rival submissions advanced
by the learned Advocates for the respective parties and upon
perusal of the materials available on record, this Court finds that
while considering the prayer for anticipatory bail, the learned
District and Additional Sessions Judge/Children Court neither
called for nor considered the Social Background Report and the
Social Investigation Report, and rejected the prayer solely on
account of the seriousness and gravity of the allegations.
9. In the aforesaid circumstances, this Court is of the
considered opinion that the matter requires fresh consideration.
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Accordingly, the matter is remanded to the learned District and
Additional Sessions Judge/Children Court concerned, who shall,
after obtaining the Social Background Report as contemplated
under [Rules8(1), 8(5)] (Form-I) and Social Investigation
Report prescribed in Form-VI of J.J. Rules 2016, along with the
report of psychologist and after taking into consideration the
preliminary assessment made by the Juvenile Justice Board
under Section 15 of the Juvenile Justice (Care and Protection of
Children) Act, 2015, will decide the prayer for anticipatory bail
afresh, strictly in accordance with law, at the earliest.
10. Till such consideration by the learned District and
Additional Sessions Judge/Children Court, interim protection
from the apprehension of arrest shall be granted to the CICLs
(petitioners).
11. It is made clear that while deciding the matter, the
learned District and Additional Sessions Judge/Children Court
will not be prejudiced in any manner by the order of this Court
and will decide the anticipatory bail on the basis of the aforesaid
reports, keeping in view the relevant provisions of law.
12. The CICLs shall fully cooperate in the enquiry
and proceedings before the Juvenile Justice Board and/or the
learned District and Additional Sessions Judge/Children Court,
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as the case may be.
13. With the aforesaid observations and directions, the
present application stands disposed of.
(Harish Kumar, J)
rohit/-
U T
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