Patna High Court
XXXXversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail must be granted as there were no reasonable grounds to deny it and the best interest of the child required his release.
Summary
The petition filed by Ashish Patel, a child in conflict with law (CICL), sought bail under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 after the Juvenile Justice Board and the Children Court denied bail in a murder case (IPC Sections 302/34, 120B, Arms Act Section 27). The petitioner argued that the lower courts ignored the Social Investigation Report, which showed no criminal antecedent, good family background, and that his continued detention would harm his education and rehabilitation. The State and the informant contended that the CICL, aged 16, was involved in a heinous offence and that bail should be denied. The High Court examined Section 12 of the JJ Act, emphasizing that bail can be refused only on reasonable grounds of danger to the child or the ends of justice, and found no such grounds in the record. Consequently, the Court set aside the earlier orders, granted bail with conditions, and ordered the parents to undertake care of the child.
Issues considered
- Whether bail should be granted to a child in conflict with law accused of a heinous offence under Section 12 of the Juvenile Justice Act.
- Whether the lower courts erred in not considering the Social Investigation Report and the best‑interest principle.
- Whether the age of the child (16) and the nature of the offence preclude the grant of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 34
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 102, 12
Subjects
- bail
- juvenile justice
- child in conflict with law
- best interest of child
- Section 12 JJ Act
- revision petition
- murder
- Heinous offence
- social investigation report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.216 of 2025
Arising Out of PS. Case No.-244 Year-2024 Thana- MAHARAJGANJ District- Siwan
======================================================
Ashish Patel Son of Munmun Patel @ Ramashankar Patel @ Rama Shankar
Prasad Resident of vill- Deoria PS- Maharajganj Dist- Siwan Bihar through
his legal guardian (Father) namely Rama Shankar Prasad @ Rama Shankar
patel Son of Baijnath Prasad R/o- H. No. 121, Kalibari, Ps- Tilakmarg, Dist-
New Delhi Son of Baijnath Prasad R/o- H No. 121 Kalibari, PS- Tilakmarg,
Dist- New Delhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sudhir Kumar Singh son of Lal Babu singh Resident of village- Ram
kundipur, Ram bharos Toll, PS- Darauda, Dist- Siwan
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate
Ms.Kumari Anupam, Advocate
For the State : Mr.Rana Randhir Singh, APP
For the Informant/O.P. No. 2: Mr. Satya Prakash Parasar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 06-01-2026
Heard learned senior counsel for the petitioner
and learned APP for the State as well as learned counsel
appearing on behalf of the informant/opposite party no. 2.
2. The present petition has been filed under
Section 102 of the Juvenile Justice (Care and Protection of
Children) Act, 2015 (hereinafter 'J.J. Act'), against the order
dated 13.01.2025 passed by learned Children Court -cum-
Additional Sessions Judge-I, Siwan in Criminal Appeal No. 30
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of 2024, which has affirmed the order of the learned Juvenile
Justice Board rejecting the prayer for bail of the petitioner dated
10.09.2024 passed in G.R. No. 3600 of 2024, J.E. No. 402 of
2024, arising out of Maharajganj P.S. Case No. 244 of 2024
registered for the offences under Sections 302/34, 120B of the
Indian Penal Code and Section 27 of the Arms Act.
3. Briefly stated, the facts of the case are that the
opposite party no. 2 is the informant of Maharajganj P.S. Case
No. 244 of 2024 registered for the offences under Sections
302/34, 120B of the Indian Penal Code and Section 27 of the
Arms Act against the petitioner, a child in conflict with law
('CICL'), and others for the murder of his son. The
informant/opposite party no. 2 alleged that the co-accused
persons shot at his son, who subsequently died while being
taken to hospital. The CICL moved before the learned Juvenile
Justice Board seeking bail and his prayer for bail was rejected
vide order dated 10.09.2024 by learned Juvenile Justice Board.
Subsequently, the appeal filed by the CICL also came to be
dismissed by learned Children Court -cum- Additional Sessions
Judge-I, Siwan vide order dated 13.01.2025. Against these
orders, the CICL has approached this Court.
4. Learned senior counsel appearing on behalf of
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the petitioner/CICL submits that both the courts below did not
consider the facts and circumstances of the case and did not take
into consideration the Social Investigation Report/Social
Background Report of the child in conflict with law. On merits,
there is no allegation against the petitioner for opening fire for
killing the son of the informant. This fact has came during
investigation only due to presence of this petitioner at a tea stall
where the occurrence took place. This fact has also been taken
note of by the Probation Officer, who has reported about the
presence of the petitioner at the tea shop along with his friend
under column 6 of the report, wherein it has been mentioned
that co-accused was having some dispute with the deceased and
who opened fire. The CICL has not idea that such happening
would take place. Though in Social Investigation Report/Social
Background Report it has been mentioned that the economic
condition of the family of the CICL is good and the CICL is
having no criminal antecedent and he is studying in Classs X
and there has been no other circumstance which might show the
CICL was in danger of falling in bad company or coming to
harm the physical or psychological, still the Probation Officer
mentioned that CICL should be kept in supervision of Probation
Officer or fit person as the court thinks fit to protect the best
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interest of child. Learned senior counsel further submits that the
parents of the child are the best person to protect the interest of
the child and reformation and rehabilitation of the CICL is of
paramount importance and in this case, there is no material to
suggest that the release of CICL would be detrimental of his
well-being or society at large. The CICL is in custody since
17.06.2024 which has been causing serious psychological and
mental distress to CICL and is affecting his right of education
and normal development. Learned senior counsel further
submits that it has been held by the Hon'ble Supreme Court that
the juvenile should not be detained in custody unless there are
compelling circumstances to deny the bail. There is no material
to substantiate the reasoning of the learned courts below for
denial of the bail to CICL. Considering the aforesaid facts and
circumstances, the CICL needs to be released on bail and the
parents of the CICL undertake to take care of him and not
allowed to fall in bad company.
5. Learned APP as well as learned counsel
appearing on behalf of informant/opposite party no. 2
vehemently oppose the contention made on behalf of the
petitioner. Learned counsel for the opposite party no. 2 submits
that the age of the CICL was assessed to be 16 years and
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considering the seriousness of offence it would come under
heinous offence triable by the Children Court and the procedure
followed by the courts below is not proper. Learned counsel
further submits that the CICL is accused in a case registered
under Section 302 of the Indian Penal Code and one child was
shot dead in the occurrence and the name of the petitioner
transpired in the said case for being involved .
6. I have given my thoughtful consideration to
the rival submission of the parties and perused the record. This
Court is mainly concerned with the issue whether the CICL
deserves to be enlarged on bail considering his best interest.
From perusal of the orders impugned, it appears what weighed
in the mind of courts below was that the CICL was present with
his peer group when one of his associates shot dead another
child and there was danger of the child suffering physical or
psychological harm if enlarged on bail and the case of CICL is
covered under the proviso to Section 12 of the Juvenile Justice
Act.
7. Section 12 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 reads as under:-
“Section 12 Bail to a person who is
apparently a child alleged to be in conflict
with law.
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1) When any person, who is apparently a
child and is alleged to have committed a
abailable or non-bailable offence, is
apprehended or detained by the police or
appears or brought before a Board, such
person shall, notwithstanding anything
contained in the Code of Criminal
Procedure, 1973 (2 of 1974) or in any other
law for the time being in force, be released
on bail with or without surety or placed
under the supervision of a probation officer
or under the care of any fit person:
Provided that such person shall not be so
released if there appears reasonable grounds
for believing that the release is likely to
bring that person into association with any
known criminal or expose the said person to
moral, physical or psychological danger or
the persons release would defeat the ends of
justice, and the Board shall record the
reasons for denying the bail and
circumstances that led to such a decision.
(2) When such person having been
apprehended is not released on bail under
sub-section (1) by the officer-in-charge of
the police station, such officer shall cause
the person to be kept only in an observation
home[or a place of safety, as the case may
be] in such manner as may be prescribed
until the person can be brought before a
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Board.
(3) When such person is not released on bail
under sub-section(1)by the Board, it shall
make an order sending him to an
observation home or a place of safety, as the
case may be, for such period during the
pendency of the inquiry regarding the
person, as may be specified in the order.
(4) When a child in conflict with law is
unable to fulfil the conditions of bail order
within seven days of the bail order, such
child shall be produced before the Board for
modification of the conditions of bail.”
Therefore, only if there appears to be reasonable
ground for believing that the release of child in conflict with law
would bring him in association with the criminals or expose him
to moral physical or psychological danger or his release would
defeat the ends of justice, the bail shall be denied and reasons
for the denial would be recorded.
8. Perusal of record shows in Social
Investigation Report/Social Background Report, it has nowhere
been mentioned about the child falling in company of bad
element or coming to harm, mentally and physically and reasons
for the same. Only a bland assertion has been made by the
courts below for denial of bail to the CICL. There is no other
material on record to justify its reason. While considering the
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prayer for bail of CICL, the paramount consideration is to
protect best interest of the child. Allowing the child to continue
in incarceration would not be helpful in his reformation or
rehabilitation. It also appears the child was studying and his
study has got obstructed due to continuous custody.
9. Now at the same time, relevant provisions of
Section 3 of the Juvenile Justice (Care and Protection of
Children) Act, 2015, inter alia, provides for the general
principles of care and protection of children and are extracted
herein below:-
“The Central Government, the State
Governments,1[the Board, the Committee,
or] other agencies, as the case may be, while
implementing the provisions of this Act shall
be guided by the following fundamental
principles, namely:---
(i)Principle of presumption of innocence:
Any child shall be presumed to be an
innocent of any mala fide or criminal intent
up to the age of eighteen years.
(ii)Principle of dignity and worth: All human
beings shall be treated with equal dignity
and rights.
(iii)Principle of participation: Every child
shall have a right to be heard and to
participate in all processes and decisions
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affecting his interest and the childs views
shall be taken into consideration with due
regard to the age and maturity of the child.
(iv)Principle of best interest: 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.
(v)Principle of family responsibility: The
primary responsibility of care, nurture and
protection of the child shall be that of the
biological family or adoptive or foster
parents, as the case may be.
(vi)Principle of safety: All measures shall be
taken to ensure that the child is safe and is
not subjected to any harm, abuse or
maltreatment while in contact with the care
and protection system, and thereafter.
(vii)......
(viii)Principle of non-stigmatising
semantics: Adversarial or accusatory words
are not to be used in the processes
pertaining to a child.
(ix).....
(x)......
(xi)......
(xii)Principle of institutionalisation as a
measure of last resort: A child shall be
placed in institutional care as a step of last
resort after making a reasonable inquiry.
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(xiii)Principle of repatriation and
restoration: Every child in the juvenile
justice system shall have the right to be re-
united with his family at the earliest and to
be restored to the same socio-economic and
cultural status that he was in, before coming
under the purview of this Act, unless such
restoration and repatriation is not in his best
interest.
(xiv)......
(xv).......
(xvi)......”
10. If the child is allowed to continue in custody,
it could not be said that his interest would be protected.
Moreover, the parents of the child in conflict with law are ready
to take care of him and they are also ready to furnish
undertaking in this regard. Hence, I am of the considered
opinion that the child should be released on bail subject to
certain conditions.
11. So far as the contention of learned counsel
for the opposite party no. 2 about child being aged more than 16
years and the offence coming into category of heinous offence,
the opposite party no. 2 is at liberty to take up this issue before
the learned court below. But at this stage, such contention, on
the ground of technicality, could not be allowed to come in the
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way of grant of bail to the child in conflict with law.
12. Considering the interest of the petitioner to
be of paramount importance and further finding that keeping the
child in observation home may not serve the purpose of his
reformation and rehabilitation, this Court is of the view that for
the best interest of the child, he could be released on bail on
submission of affidavit of due undertaking by the parents of the
petitioner/CICL for taking good care of the child in conflict with
law and for protection, both physical and mental, of the child
before the learned Juvenile Justice Board. In the light of
discussion made hereinbefore, it is ordered that the
petitioner/CICL shall be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Juvenile Justice Board, Siwan/concerned court in connection
with G.R. No. 3600 of 2024, J.E. No. 402 of 2024, arising out of
Maharajganj P.S. Case No. 244 of 2024, subject to the
following conditions:
(i) The parents of the child in conflict with
law shall furnish an undertaking before the
learned Juvenile Justice Board that they will
take care of the child in conflict with law
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and will keep him in safe custody and
produce him before the learned Juvenile
Justice Board as and when required.
13. Accordingly, the order dated 13.01.2025
passed by learned Children Court -cum- Additional Sessions
Judge-I, Siwan and order dated 10.09.2024 passed by the
learned Juvenile Justice Board, Siwan are set aside and the
present revision petition is allowed.
(Arun Kumar Jha, J)
DKS/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.01.2026
Transmission Date 08.01.2026
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