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Patna High Court

MR. AversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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