Patna High Court

Hunter Yadav @ Aryan Raj @ Banti KumarversusThe State of Bihar

Decided: 23 June 2026
Disposal: ALLOWED
Bench: ARUN KUMAR JHA

Holding

In the absence of any ground under Section 12 of the Juvenile Justice Act, a child in conflict with law must be released on bail, and the orders denying bail are set aside.

Summary

The petitioner, a 17‑year‑old child in conflict with law (CICL), was implicated in offences under the NDPS Act and Arms Act based solely on suspicion and a co‑accused's statement; no incriminating material was recovered from him and he was not apprehended at the spot. The Juvenile Justice Board denied him bail, a decision affirmed by the appellate court. On revision, the High Court examined the Juvenile Justice (Care and Protection of Children) Act, 2015, particularly Section 12 (bail) and the best‑interest principle in Section 3, finding no statutory ground to refuse bail. The court held that absent a risk of contact with criminal elements or danger to the child, bail must be granted. Consequently, it set aside both the appellate and JJB orders and ordered the release of the petitioner on bail with specified conditions.

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 grounds such as risk of contact with criminal elements or danger to the child.
Whether the appellate court erred in upholding the Juvenile Justice Board's denial of bail for the petitioner.
Whether the disclosure of the CICL's identity in the cause title violates Section 74 of the Juvenile Justice Act.

Legislation cited

Arms Act — s. 25(1-b)a, 26, 35
Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 12, 3(iv), 3(xii), 3(xiii), 74
Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 8(c)

Subjects

bail
juvenile justice
child in conflict with law
best interest of child
identity protection
revision petition
NDPS Act
Arms Act

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.1261 of 2025
Arising Out of PS. Case No.-838 Year-2024 Thana- HAJIPUR SADAR District- Vaishali
======================================================
X1
... ... Petitioner
Versus
1. The State of Bihar.
2. Shashi Bhushan Singh, ASI Sadar Hajipur, Vaishali Bihar.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Raja Ram Rai, Advocate
For the State : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 23-06-2026

Present learned counsel for the petitioner as well as

learned APP for the State.

2. From perusal of record, it transpires that in the

revision petition, the identity details of the petitioner / child in

conflict with law (for brevity, “CICL”) is being disclosed, which is

against the statutory provisions prescribed under Section 74 of the

Juvenile Justice (Care and Protection of Children) Act, 2015,

which mandates protection of disclosure of identity of the CICL.

Therefore, the identity of the CICL is being referred to in the cause

title as X1.

3. Registry while uploading the order on the website

shall also ensure that the cause title is reflected in similar manner.

4. The instant criminal revision petition is directed

against the order dated 14.10.2025 passed by the learned 1 st

Additional Session Judge-cum-Special Judge, Children’s Court,
Patna High Court CR. REV. No.1261 of 2025 dt.23-06-2026
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Vaishali at Hajipur in Criminal Appeal No. 34 of 2025, CNR No.

BRVA01-008888-2025, whereby and whereunder the appeal was

dismissed and the order of learned Juvenile Justice Board, Vaishali

at Hajipur dated 02.08.2025 passed in J.J.B. Case No. 40 of 2025,

arising out of Hajipur Sadar P.S. Case No. 838 of 2024 for

offences punishable under Sections 8(c) and 21(c) of the NDPS

Act and Sections 25(1-b)a, 26 and 35 of the Arms Act has been

affirmed and the appeal preferred by the petitioner has been

dismissed.

5. As per prosecution case, Hajipur Sadar P.S. Case

No. 838 of 2024 was registered on the basis of written report of

Shashi Bhushan Singh, ASI, Hajipur Sadar Police Station

registered under Sections 8(c) and 21(c) of the NDPS Act and

Sections 25(1-b)a, 26 and 35 of the Arms Act. It has been alleged

in the written report that on the basis of secret information three

persons were found in suspicious conditions carrying a bag, a raid

was conducted and two persons fled away and co-accused Amit

Kumar was apprehended. From the possession of the co-accused,

country-made loaded katta and one live cartridge and also a live

cartridge from his pocket were recovered. Further recovery of 300

grams of smack was made from the bag seized from the possession

of the co-accused. The co-accused disclosed the name of this

petitioner and another co-accused Amit Kumar, who fled away
Patna High Court CR. REV. No.1261 of 2025 dt.23-06-2026
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when the Police tried to apprehend them. The petitioner was taken

into custody on 23.12.2024. The petitioner was declared CICL

vide order dated 11.07.2025 passed by the learned J.J. Board,

Hajipur and his age was assessed to be seventeen years, eight

months and fourteen days on the date of occurrence. The petitioner

moved before the learned J.J. Board for grant of bail, but his

prayer was rejected by the learned J.J. Board vide order dated

02.08.2025 passed in J.J.B. Case No. 40 of 2025.

6. Being aggrieved by the order dated 14.10.2025

passed by the Appellate Court, the petitioner / CICL has moved

the present revision petition before this Court.

7. Learned counsel for the petitioner / CICL

submits that the petitioner / CICL has been falsely

implicated in this case and he was not apprehended from

the spot and nothing incriminating has been recovered from

his person or possession. The implication of the petitioner /

CICL in the present case is merely on suspicion. The learned

Appellate Court as well as learned J.J. Board rejected the

prayer for bail on the basis of social investigation report (SIR)

and social background report (SBR). But, merely on the fact

that the petitioner / CICL is having antecedent of four cases, it

could not be stated that the petitioner / CICL is incorrigible

and is a habitual offender. It has been presumed by the
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learned Appellate Court as well as learned J.J. Board that due to

lack of guardianship the petitioner / CICL has fallen into bad

society of criminal elements and under their influence he has been

indulging in serious nature of offences. Similarly, there is no

material on record to show that allowing the petitioner / CICL to

be released on bail would again expose him to society in which he

suffered moral decline. Further holding that environment and

company of the petitioner / CICL was not good and for this reason

he drifted from the mainstream may be taken to be true, the

petitioner being a CICL must be given an opportunity to reform

himself. The parents of the petitioner / CICL undertake to take

care of him and then further undertake that the petitioner / CICL

would not be allowed to fall in bad company again. He further

submits that the co-accused who was apprehended from the spot

and who named this petitioner / CICL have been granted bail by a

learned co-ordinate Bench of this Court vide order dated

28.07.2025 passed in Cr. Misc. No. 46099 of 2025. Likewise,

another similarly placed co-accused, Ankit Kumar has also been

granted bail by this Court vide order dated 18.06.2025 passed in

Cr. Misc. No. 37341 of 2025.

8. Learned APP for the State vehemently oppose the

submissions made on behalf of the petitioner / CICL and submits

that petitioner / CICL appears to be habitual offender and has
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antecedent of four cases of serious nature. If he is enlarged on bail,

he may again join his associates who are all criminals and in their

company, the petitioner / CICL has been involved commission of a

number of offences.

9. I have given my thoughtful consideration to the

rival submissions advanced by the parties and perused the record.

10. 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.

11. 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

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
Patna High Court CR. REV. No.1261 of 2025 dt.23-06-2026
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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.

12. 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.

13. Considering the mandate of law that mandate of

law that if the CICL should be given opportunity for reformation,

the existence of criminal antecedent of the petitioner / CICL

should not come in way of his release on bail so as to allow him an

opportunity to reform himself. Moreover, except for the criminal

antecedent, there is no other material to show that there was strong
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possibility of petitioner / CICL falling in bad company again or

that he would be exposed to any moral, physical or psychological

danger or his release would defeat the ends of justice. Further,

petitioner / CICL was not apprehended from the spot and no

incriminating article was recovered from his possession and the

person who was apprehended from the spot has bee granted bail by

a learned co-ordinate Bench of this Court. All these facts

considered in totality makes the impugned order dated 14.10.2025

passed by the learned Appellate Court unsustainable.

14. Accordingly, the order of the Appellate Court

dated 14.10.2025 passed by the learned 1 st Additional Session

Judge-cum-Special Judge, Children’s Court, Vaishali at Hajipur in

Criminal Appeal No. Criminal Appeal No. 34 of 2025 is set aside.

Subsequently, the order of the learned J.J. Board in J.J.B. Case No.

40 of 2025, arising out of Hajipur Sadar P.S. Case No. 838 of 2024

is also set aside.

15. Let the petitioner, a child in conflict with law, be

released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees

Ten Thousand Only) with two sureties of the like amount each to

the satisfaction of learned Juvenile Justice Board, Vaishali at

Hajipur / concerned Court in connection with JJB Case No. J.J.B.

Case No. 40 of 2025, arising out of Hajipur Sadar P.S. Case No.

838 of 2024, subject to the following conditions:
Patna High Court CR. REV. No.1261 of 2025 dt.23-06-2026
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(i) One of the bailors will be the parents of the

petitioner and the other bailor will also be relative of the petitioner

having no criminal antecedent and shall give undertaking that he /

she shall keep proper care and upkeep of the petitioner.

(ii) The petitioner shall remain present before the

Board on each and every date of trial of the case fixed by the Board.

16. Accordingly, the present revision petition is

allowed.

17. The office is directed to send back the LCR to the

court concerned forthwith.

18. Since it is a matter of 2024, the learned Juvenile

Justice Board, Vaishali at Hajipur is directed to take up steps for

early conclusion of trial and try to conclude the same at the earliest

and send a report to this Court after conclusion of the trial,

preferably within six months from the date of order.

(Arun Kumar Jha, J)

Shahnawaz/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 25.06.2026
Transmission Date 25.06.2026

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