Patna High Court
Anand KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ARUN KUMAR JHA
Holding
Under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, bail cannot be denied to a child in conflict with law unless the prosecution proves that release would expose the child to criminal elements or endanger his moral, physical or psychological well‑being, which was not established; therefore the appellate order denying bail was set aside and bail granted.
Summary
Two juveniles (CICL) were arrested with codeine‑containing cough syrup and placed in judicial custody. Their appeals against conviction were dismissed, prompting criminal revision petitions challenging the denial of bail. The High Court examined Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, which permits denial of bail only if release would expose the child to criminal elements or endanger his moral, physical or psychological well‑being. Finding no material to substantiate such grounds and noting the petitioners' clean antecedents, the Court held that bail must be granted. Consequently, the appellate court's order and the Juvenile Justice Board's order were set aside, and the petitioners were released on bail subject to conditions. The revision petitions were allowed.
Issues considered
- Whether bail can be denied to a child in conflict with law under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 in the absence of danger or contact with criminal elements.
- Whether the appellate court's order denying bail was sustainable without material showing such danger.
- Whether disclosure of the CICL's identity in the cause title violates Section 74 of the Juvenile Justice Act.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 12, 3(iv), 3(xii), 3(xiii), 74
Subjects
- juvenile justice
- bail
- child in conflict with law
- best interest of child
- codeine seizure
- prohibition act
- identity protection
- criminal revision
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.105 of 2026
Arising Out of PS. Case No.-759 Year-2025 Thana- JAKKANPUR District- Patna
======================================================
X1
... ... Petitioner
Versus
1. The State of Bihar.
2. Md. Arif (Sub Inspector cum Officer Incharge), R/v- Jakkanpur, PS-
Jakkanpur, Dist- Patna.
... ... Respondents
======================================================
with
CRIMINAL REVISION No. 106 of 2026
Arising Out of PS. Case No.-759 Year-2025 Thana- JAKKANPUR District- Patna
======================================================
X2
... ... Petitioner
Versus
1. The State of Bihar.
2. Md. Arif (Sub-Inspector-cum Officer In Charge of Jakkanpur), P.S. -
Jakkanpur, Dist. - Patna.
... ... Respondents
======================================================
Appearance :
(In CRIMINAL REVISION No. 105 of 2026)
For the Petitioner : Mr. Digvijay Kumar Ojha, Advocate
For the State : Mr. Nand Kumar, APP
(In CRIMINAL REVISION No. 106 of 2026)
For the Petitioner : Mr. Digvijay Kumar Ojha, Advocate
For the State : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 29-06-2026
Both the criminal revision petitions have arisen out
of the same J.J.B. case number as well as police station case
number, hence they are being heard together and decided by a
common order.
2. Present learned counsel for the petitioners, learned
APP for the State as well as learned counsel for the opposite party
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no. 2. Since the opposite party no. 2 is an official of Police
Department, therefore no notice was issued to him.
3. From perusal of record, it transpires that in the
revision petitions, the identity details of the petitioners / child in
conflict with law (for brevity, “CICL”) are being disclosed, which
is against the statutory provisions prescribed under Section 74 of
the Juvenile Justice (Care and Protection of Children) Act, 2015
(for brevity, “the Act of 2015”), which mandates protection of
disclosure of identity of the CICL. Therefore, the identity of the
CICL in Criminal Revision No. 105 of 2026 is being referred to in
the cause title as X1 and the identity of the CICL in Criminal
Revision No. 106 of 2026 is being referred to in the cause title as
X2.
4. Registry while uploading the order on the website
shall also ensure that the cause title is reflected in similar manner.
5. The instant criminal revision petitions are directed
against the order dated 06.12.2025 passed by the learned
Additional District Judge-I-cum-Special Judge Children’s Court,
Patna, in Criminal Appeal No. 124 of 2025 and Criminal Appeal
No. 125 of 2025, whereby and whereunder the appeals were
dismissed and the order of learned Juvenile Justice Board, Patna
dated 18.10.2025 passed in J.J.B. Case No. 1290 of 2025, arising
out of Jakkanpur P.S. Case No. 759 of 2025 for offence punishable
Patna High Court CR. REV. No.105 of 2026 dt.29-06-2026
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under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022 has been affirmed.
6. The learned J.J. Board vide order dated 08.10.2025
declared the petitioners as CICL in J.J.B Case No. 1290 of 2025.
Petitioners are in judicial custody since 23.09.2025.
7. As per prosecution case, Md. Arif, S.I.-cum-
Officer Incharge of Jakkanpur Police Station registered his written
statement on 23.09.2025 stating therein that on 23.09.2025, the
informant along with other Police personnel while on patrolling
duty saw two suspicious looking persons (petitioners) carrying
backpacks coming towards them. When the Police tried to arrest
them on suspicion, they started fleeing away, but were
subsequently arrested after a chase. From the backpack of
petitioner in criminal revision no. 105 of 2026, 102 piece in 100
ml each of Wiscof cough syrup prepared by Codeine Phosphate
and Tripolidine Hydrochloride were recovered and from the
backpack of petitioner in criminal revision no. 106 of 2026, 96
piece in 100 ml each of Wiscof cough syrup prepared by Codeine
Phosphate and Tripolidine Hydrochloride were recovered.
8. Being aggrieved by the order dated 06.12.2025
passed by the Appellate Court in Criminal Appeal No. 124 of 2025
and Criminal Appeal No. 125 of 2025 respectively, the petitioners
have moved the present revision petitions before this Court.
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9. Learned counsel for the petitioners / CICL submits
that the petitioners / CICL are innocent and they have been falsely
implicated in this case. The learned Courts below did not consider
that the search and seizure have been made contrary to the
mandate of the law. Learned counsel also submits that the learned
Appellate Court as well as learned J.J. Board have observed that
the petitioners indulged in the crime after coming into contact with
bad company and there was moral, physical an psychological
danger to the petitioners if they would be released on bail. The
learned Appellate Court has also noted the fact that there was lack
of discipline in the house of the petitioners and there was no
control over the petitioners. But there is no substantive material to
arrive at such finding as the petitioners are having clean
antecedent and there was no previous history of petitioners
indulging in any crime. Learned counsel also submits that the
purpose of J.J. Act is reforming a CICL and not to penalize him.
Learned counsel also submits that the grant of bail is a rule under
Section 12 of the J.J. Act and refusal could only be under the
exceptions under the proviso of the said provision, but none of the
conditions are present in the instant case of the petitioners.
Therefore, the impugned orders of the learned Appellate Court are
not sustainable and the same need to be set aside allowing the
petitioners to be enlarged on bail.
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10. Learned APP for the State vehemently opposes
the submissions made on behalf of the petitioners / CICL and
submits that petitioners are caught red handed carrying Codeine
Phosphate liquid in their backpacks. Learned counsel further
submits that the release of the petitioners would certainly expose
them to the company of known criminals since the petitioners
being juveniles were supplied with contraband by such persons.
11. I have given my thoughtful consideration to the
rival submissions advanced by the parties and perused the record.
12. Section 12 of the Act of 2015 makes it clear that a
CICL could be denied bail only on the ground that on release, the
said child would come in contact with criminal elements or there
was danger to the moral, physical and psychological well being of
the CICL or the release would defeat the ends of justice. If these
grounds are not present, the bail could not be denied to a CICL.
13. Further, the Act of 2015 is, in fact, child friendly.
The central theme is that the interest of child is supreme. Section 3
of the Act of 2015 incorporates the general principles to be
followed in the administration of the Act. According to which, “all
decisions regarding the child shall be based on the primary
consideration that they are in the best interest of the child and to
help the child to develop full potential. In fact, Section 3(iv) of the
Act of 2015 provides for the principle of best interest and for all
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decisions regarding the child shall be based on the primary
consideration that they are in the best interest of the child and to
help the child to develop full potential. Section 3(xii) of the Act of
2015 makes it abundantly clear that a child shall be placed in
institutional care as a step of last resort after making a reasonable
inquiry. Further, Section 3(xiii) of the Section 74 of the Juvenile
Justice (Care and Protection of Children) Act, 2015 provides for
Principle of repatriation and restoration stating that a CICL shall
have the right to re-unite with his family and be restored to the
social, cultural and the economic background that he came from
unless such restoration and repartition is not in the CICL’s best
interest.
14. Cumulative reading of aforesaid provisions show
the CICL should be released on bail unless the fact comes on
record that there was chance of such child coming in contact with
a known criminal or enlarging such child on bail might expose him
to moral, physical or psychological danger. Further, the courts
being parens patriae are supposed to look into for protection of
best interest of the child. All such steps are to be taken by the
Courts for reformation and rehabilitation of a CICL.
15. In the facts of the present case, as the petitioners
are having clean antecedent and learned Appellate Court as well as
learned J.J. Board have not disclosed the material on which it has
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been recorded that there was possibility of petitioners coming into
association of known criminals or they would be exposed to
mental, physical and psychological danger or their release would
defeat the ends of justice. If the order of the Appellate Court is
devoid of such material, such order could not be sustained.
16. Accordingly, the order of the Appellate Court
dated 06.12.2025 passed by the learned Additional District Judge-
I-cum-Special Judge Children’s Court, Patna, in Criminal Appeal
No. 124 of 2025 and Criminal Appeal No. 125 of 2025 is set aside.
Subsequently, the order of the learned J.J. Board, Patna dated
18.10.2025 passed in J.J.B. Case No. 1290 of 2025, arising out of
Jakkanpur P.S. Case No. 759 of 2025 is also set aside.
17. Let the petitioners, children in conflict with law,
be released on bail, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Juvenile Justice Board,
Patna / concerned Court in connection with JJB Case No. 1290 of
2025, arising out of Jakkanpur P.S. Case No. 759 of 2025, subject
to the following conditions:
(i) One of the bailors will be the parents of the
petitioners and the other bailor will also be relative of the
petitioners having no criminal antecedent and shall give
undertaking that he / she shall keep proper care and upkeep of the
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petitioners.
(ii) The petitioners shall remain present before the
Board on each and every date of trial of the case fixed by the
Board.
18. Accordingly, both the revision petitions are
allowed.
19. The office is directed to send back the LCRs to
the courts concerned forthwith.
(Arun Kumar Jha, J)
Shahnawaz/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 30.06.2026
Transmission Date 30.06.2026
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