Patna High Court
MR. AversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ARUN KUMAR JHA
Holding
The appellate order denying bail was set aside and bail was granted to the child in conflict with law, subject to conditions, as the denial was not justified under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Summary
The petition filed by a child in conflict with law (CICL) sought bail after being convicted in a gang‑rape case and detained since January 2025. The lower appellate court had dismissed the bail application, relying on the child’s five prior criminal cases and the risk of associating with criminal elements. The High Court examined the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, particularly Section 12 and the best‑interest principles in Section 3, concluding that bail cannot be denied solely on the basis of antecedents unless specific danger is shown. Emphasising the reformative purpose of the Act and the mother’s undertaking to care for the child, the Court set aside the appellate order and granted bail with conditions. The bail bond was fixed at Rs 10,000 with two sureties and directives were issued for the child’s regular appearance before the Juvenile Justice Board.
Issues considered
- Whether bail can be denied to a child in conflict with law solely on the ground of prior criminal antecedents under Section 12 of the Juvenile Justice Act, 2015.
- Whether the release of the CICL would be contrary to the best‑interest principle and expose the child to moral, physical or psychological danger.
Legislation cited
- B.N.S., 2023 — s. 183, 3(5), 70(1)
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 12, 3(i), 3(iv), 3(v), 3(xii), 3(xiii), 3(xiv), 74
Subjects
- bail
- child in conflict with law
- Juvenile Justice Act
- best interest of child
- criminal antecedent
- revision
- rehabilitation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.135 of 2026
Arising Out of PS. Case No.-22 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
X
... ... Petitioner
Versus
1. The State of Bihar
2. Tannu Kumari Daughter of Rajendra Kumar Yadav, Resident of village-
Near Sadha Dhala, Bazar Samiti, PS- Mufassil, Dist- Saran.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Ashok Kr. Dubey, Advocate
Ms. Priya Raj, Advocate
For the State : Mr. Navin Kumar Pandey, APP
For the O.P. No. 2 : Ms. Akanksha Malviya, Advocate
Mr. Mukund Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 29-06-2026
Present learned counsel for the petitioner, learned
counsel for the informant / opposite party no. 2 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 (for
brevity, “the Act of 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 X.
3. Registry while uploading the order on the website
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shall also ensure that the cause title is reflected in similar manner.
4. The instant criminal revision petition is directed
against the order dated 12.01.2026 passed by the learned First
Additional Sessions Judge-cum-Children Court, Saran at Chapra,
in Criminal (Juvenile) Appeal No. 45 of 2025, Reg. No. 45 of
2025, whereby and whereunder the appeal was dismissed and the
order of learned Juvenile Justice Board, Saran at Chapra dated
08.09.2025 passed in JJB Case No. 51 of 2025, arising out of
Bhagwan Bazar P.S. Case No. 22 of 2025 for offences punishable
under Sections 70(1) and 3(5) of the B.N.S., 2023, has been
affirmed and the appeal preferred by the petitioner has been
dismissed.
5. As per prosecution case, the petitioner and other
co-accused persons committed gang-rape with the informant. The
petitioner was apprehended and is in custody since 19.01.2025 by
the learned J.J. Board, Saran at Chapra. The petitioner was
declared a child in conflict with law vide order dated 11.08.2025
passed by the learned J.J. Board, Saran at Chapra.
6. Being aggrieved by the order dated 12.01.2026
passed by the learned Appellate Court, the petitioner has moved
the present revision petition before this Court.
7. Learned counsel for the petitioner/CICL submits
that the CICL has been falsely implicated in this case and he is
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innocent. The prosecution story is not believable. The FIR has
been registered after a delay of more than twenty-four hours
without any plausible explanation. Though the CICL has been
named as an accused in the written report on which the FIR has
been instituted, the informant did not name this CICL in her
statement recorded under Section 183 of the B.N.S.S., 2023.
Learned counsel further submits that the medical report does not
support the allegation of gang-rape. The main accused against
whom there is specific allegation of kidnapping the informant and
taking her to a secluded place and committing rape with her, has
been granted bail by learned First Additional Sessions Judge-cum-
Children Court, Saran at Chapra. Learned counsel further submits
that the learned Courts below have failed to appreciate the
mandate of law as under Section 12 as well as Sections 3(i), 3(IV),
3(V) and 3(XIV) of the Act of 2015. Learned counsel further
submits that the Courts below failed to consider that prolonged
detention of a CICL defeats the very objective of the J.J. Act
which is reformative and rehabilitative in nature. Learned counsel
next submits that mother of the CICL undertakes to take full care
of her son and further undertakes that she would not allow the
CICL to come in contact with bad elements. Learned counsel
further submits that CICL is having antecedent of five cases and
he is on bail in all these cases.
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8. Learned APP for the State as well as learned
counsel for the OP No. 2 vehemently oppose the submissions
made on behalf of the petitioner / CICL. Learned counsel for the
OP No. 2 submits that the learned Courts below have correctly
passed the orders considering the antecedent of the CICL. CICL is
having altogether five criminal cases and he committed all these
offences while on bail in two such cases. There is every likelihood
that the CICL would again commit some serious offence if he is
enlarged on bail. He further submits that thus there is apparent
mental, physical and psychological danger to the CICL and it is
also very likely that the CICL would again come in contact with
his associates who appear to be inveterate criminals.
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
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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
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
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best interest of the child. All such steps are to be taken by the
Courts for reformation and rehabilitation of a CICL.
13. Therefore, in this background, the present matter
needs to be considered. The learned Appellate Court observed that
the CICL is in the habit of smoking, drinking wine and gambling
and is in company with illiterate persons. Further, considering the
criminal antecedent of the CICL, the learned Appellate Court came
to a finding that his release would bring him into association of
known and unknown criminals and also expose him to moral,
physical and psychological danger and it would also defeat the
ends of justice. It is true that the CICL is having antecedent of five
cases and it also appears that he has been named in this case after
release on bail in two such cases, but the intent and purpose of the
J.J. Act is to reform a child delinquent and if the Court refused to
release the child and bring him to his family would defeat the
purpose if prayer for bail is rejected on the ground of criminal
antecedent, though it becomes relevant factor for considering
whether the case of the CICL falls in any of the exceptions under
Section 12 of the Act of 2015. Since the bail of the CICL is
refused solely on the ground of criminal antecedent, I think the
CICL can be given an opportunity to reform himself and for
reformation and rehabilitation of the CICL, the best place is his
family and as his mother has undertaken to take care of him, I
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think considering all these facts and circumstances and the
mandate of law, the prayer for bail of the CICL could be
sympathetically considered.
14. Accordingly, the order of the Appellate Court
dated 12.01.2026 passed by the learned First Additional Sessions
Judge-cum-Children Court, Saran at Chapra in Criminal Appeal
No. 45 of 2025 is set aside. Subsequently, the order of the learned
J.J. Board in JJB Case No. 51 of 2025, arising out of Bhagwan
Bazar P.S. Case No. 22 of 2025 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, Saran at
Chapra / concerned Court in connection with JJB Case No. 51 of
2025, arising out of Bhagwan Bazar P.S. Case No. 22 of 2025,
subject to the following conditions:
(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
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Board.
(iii) If the petitioner is found involved in similar
nature of offence in future, the learned J.J. Board, Saran at
Chapra will be at liberty to move for cancellation of his bail
bond.
16. Accordingly, the present revision petition is
allowed.
17. The office is directed to send back the LCR to the
court 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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