Patna High Court
AversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The order refusing bail to the juvenile was set aside and bail was granted on conditions.
Summary
The High Court considered a criminal revision filed by a 17‑year‑old child in conflict with law (CICL) who had been denied bail by the District and Additional Sessions Judge‑1st‑cum‑Special Judge, Children’s Court, Purnea. The petitioner was alleged to have participated in the murder of an informant’s father, with charges under several IPC sections, but the Social Investigation Report showed no adverse findings and indicated potential for reform. The petitioner’s father offered to stand as surety and undertake to keep the child away from bad company, invoking the spirit of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The Court noted that bail for juveniles is not governed by the bailable/non‑bailable classification and can be denied only if it would associate the child with known criminals, expose him to danger, or defeat the ends of justice, as per the Lalu Kumar judgment. Finding the lower court’s order inconsistent with the objectives of the Juvenile Justice Act, the High Court set aside the order, allowed the revision, and granted bail on specified conditions.
Issues considered
- The applicability of bail provisions to a juvenile accused of serious IPC offences
- Whether the lower court erred in refusing bail to the CICL
- Whether the conditions for denial of bail under the Juvenile Justice Act are satisfied
Legislation cited
- Indian Penal Code — s. 120B, 147, 148, 149, 307, 323, 324, 341, 504, 506
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 12
Subjects
- juvenile justice
- bail
- criminal revision
- observation home
- IPC offences
- reformation
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.1017 of 2025
Arising Out of PS. Case No.-198 Year-2024 Thana- JANKINAGAR District- Purnia
======================================================
A, Son of Ramesh Sah, Resident of Village - Naulakha Rahi Tola, Ward No.-
5, P.S.- Janki Nagar, District - Purnea.
... ... Petitioner
Versus
1. The State of Bihar
2. Kundan Kumar, Son of Late Ram Bahadur Sah, Resident of Murliganj
Jhilchowk Ward No.- 08, P.S.- Murliganj, Distt.- Madhepura, at present
Resident of Village - Naulakha Rahi Tola, Ward No.- 5, P.S.- Janki Nagar,
District - Purnea.
... ... Respondent
======================================================
Appearance :
For the Petitioner/s : Mr. N. K. Agrawal, Senior Advocate
Mr. Kumar Dhananjay Singh, Advocate
For the Respondent/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 10-06-2026
Heard learned senior counsel for the petitioner and
learned A.P.P. for the State.
2. The present application is being preferred against
the order dated 4th August, 2025 passed by learned District
and Additional Sessions Judge-1st-cum-Special Judge,
Children’s Court, Purnea in Criminal (Juvenile) Appeal No.12
of 2025 arising out of Janki Nagar P.S. Case No. 198 of
2024, G.R. No.2837 of 2024 registered for the offences
punishable under Sections 147, 148, 149, 324, 341, 323,
307, 504, 506, 120(B) of the I.P.C. by which the learned
Patna High Court CR. REV. No.1017 of 2025 dt.10-06-2026
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Court has refused to enlarge the petitioner on bail.
3. The Child in conflict with law (for short
‘CICL’)/petitioner/’A’, aged about 17 years 03 months and
29 days on the alleged date of occurrence i.e. 02.06.2024,
is named in F.I.R. and is in Observation Home since
10.01.2025.
4. As per FIR, ‘A’ (Petitioner)/CICL along with other
co-accused persons committed the murder of the father of
the informant.
5. Mr. N.K. Agrawal, learned senior counsel
appearing on behalf of the CICL/A (petitioner) submitted
that similar allegation is available against co-accused Naresh
Shah @ Bhutai Sah @ Bhutai Shah and other co-accused
namely, Arvind Kumar, who have been granted regular bail
by different co-ordinate Bench of this Court through Criminal
Misc. No. 54935 of 2025 dated 03.11.2025 and Criminal
Misc. No. 82092 of 2025 dated 03.12.2025. It is pointed
out that no gunshot injury as alleged was found upon the
deceased father of informant during postmortem rather it
was submitted that head injury caused by hard and blunt
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object was proved fatal. It is pointed out by Mr. Agrawal that
there was single injury which further negates the allegation
that father of informant was assaulted by two persons during
the occurrence, considering which, the co-accused Arvind
Kumar was granted regular bail by one of the learned co-
ordinate Bench of this Court.
6. Mr. Agrawal further submitted that as per social
investigation report, there is no adverse reporting against
the petitioner and there is all likelihood that the petitioner
under parental care be reformed himself in coming time and
will return to the main stream of civilized society.
7. Learned APP for the State could not disputed the
submission that SIR reveals any adverse report against A
(petitioner)/CICL.
8. Having regard to the submissions and materials
showing that the CICL/petitioner has been adjudged juvenile
aged about 17 years 03 month and 29 days on the alleged
date of occurrence, and also as CICL/petitioner has remained
in the Observation Home since 10.01.2025 and his father is
ready to stand as a surety and furnish an undertaking that if
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released on bail he will take care of the CICL/petitioner and
shall ensure that he does not fall in bad company and, in
case, the petitioner indulges in any unlawful act, he will
inform it to the jurisdictional police station as also following
the spirit of section 12 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 and in view of the
exceptions carved out by the Hon’ble Division Bench of this
Court in the case of Lalu Kumar and Ors. Vs. The State
of Bihar reported in 2019 (4) PLJR 833 that classification
of the offences under the bailable and non-bailable sections
would not be relevant for the purpose of grant of bail to a
juvenile and the prayer for bail of a juvenile may be rejected
only under one of the three conditions, which are as under:-
“(i) The release is likely to bring that person
into association with any known criminal;
(ii) The release is likely to expose the said
person to moral or physiological danger; and
(iii) The release would defeat the ends of
justice.”
9. Having regard to the submissions made by the
parties and taking into consideration the materials on record
as well as the period of incarceration of the petitioner/CICL
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and in the best interest of CICL, this Court is of the
considered view that the impugned order passed by the
court below is not in consonance with the aims and
objectives of the Act. Even social investigation report
suggest scope of reform and nothing adverse was noticed
against him.
10. In view of the aforesaid facts and
circumstances, as petitioner/CICL who is a CICL faced
similar allegation as to co-accused Arvind Kumar, who has
already granted bail by one of the learned co-ordinate
Bench of this Court, coupled with the fact that social
investigation report nowhere reveals that CICL/petitioner
cannot be reformed in future as to join the main stream of
society, accordingly, the order dated 4th August, 2025
passed by learned District and Additional Sessions Judge-
1st-cum-Special Judge, Children’s Court, Purnea in Criminal
(Juvenile) Appeal No.12 of 2025 arising out of Janki Nagar
P.S. Case No. 198 of 2024, G.R. No.2837 of 2024 is
hereby set aside.
11. The criminal revision application stands
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allowed.
12. Let the CICL/petitioner, named-above, who is
in Observation Home since 10.01.2025 be released on bail
on furnishing bail bond of Rs. 25,000/- (Rupees Twenty-
five Thousand only) with two sureties of the like amount
each to the satisfaction of learned District and Additional
Sessions Judge-1st-cum-Special Judge, Children’s Court,
Purnea in connection with Janki Nagar P.S. Case No. 198 of
2024, G.R. No.2837 of 2024 on the following conditions:-
(i) That one of the sureties should be the
father of the CICL/petitioner; and
(ii) That the father of the CICL/petitioner
shall file an affidavit before the learned
Juvenile Justice Board, Purnea, giving
specific undertaking that after release of the
CICL/petitioner on bail, he will take proper
care of the petitioner and will not allow him
to fall into bad company.
(Chandra Shekhar Jha, J.)
Sanjeet/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.06.2026
Transmission Date 10.06.2026
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