Created by Fuzzy Cloud

Patna High Court

XversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

A juvenile accused of non‑bailable offences is entitled to bail unless the release would expose him to criminal association, danger, or defeat the ends of justice.

Summary

The petitioner, a 17-year-old child in conflict with law (CICL), was charged under Sections 103(1) and 3(5) of the BNS for assault leading to death. The District and Additional Sessions Judge had refused bail, prompting a criminal revision. The petitioner’s counsel argued that the allegations were general, other co‑accused had been granted bail, and the Social Investigation Report indicated no risk of non‑reformation. The court considered the Juvenile Justice (Care and Protection of Children) Act, 2015, particularly the spirit of Section 12 and the precedent in Lalu Kumar v. State of Bihar, which holds that bail for juveniles should not be denied unless specific risks exist. Finding no such risks and noting the mother’s willingness to act as surety, the court set aside the lower court’s order. Consequently, the revision was allowed and bail was granted on a bond of Rs. 25,000 with two sureties, subject to conditions imposed on the parents.

Issues considered

  • Whether a juvenile accused of offences under Sections 103(1) and 3(5) of the BNS is entitled to bail despite the offences being non‑bailable.
  • Whether the lower court’s refusal to grant bail was inconsistent with the objectives of the Juvenile Justice (Care and Protection of Children) Act, 2015.

Legislation cited

Subjects

  • bail
  • juvenile justice
  • criminal revision
  • observation home
  • social investigation report
  • non‑bailable offence
  • section 12

Judgment

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL REVISION No.259 of 2026
Arising Out of PS. Case No.-245 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
======================================================
X Sri Arvind Kumar Yadav Resident of Village of Barsam, P.S. - Rudhpur,
District - Madhubani, Bihar. Through his Father Arvind Kumar Yadav S/o
Ramsundar Yadav R/o Village - Barsram, P.S. - Rudhpur, Dist. - Madhubani,
Bihar.
                                                          ... ... Petitioner/s
                                 Versus
The State of Bihar
                                                       ... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s   :        Mr. Sumit Kumar Jha, Adv
For the Respondent/s   :        Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 11-06-2026

            Heard the parties.

            2. The present application is being preferred against

 the order dated 24.01.2026 passed by learned District and

 Addl. Sessions Judge 1st, Darbhanga in connection with Cr.

 Appeal No. 23 of 2025, Laherisarai P.S. Case No. 245 of

 2025 for the offences punishable under Sections 103(1) and

 3(5) of BNS by which the learned Court has refused to

 enlarge the petitioner/revisionist on bail.

            3. The Child in conflict with law (for short

 ‘CICL’)/petitioner, aged about 17 years and 6 months on the

 alleged date of occurrence, is named in F.I.R. and is in

 observation home since 12.04.2025.
Patna High Court CR. REV. No.259 of 2026 dt.11-06-2026
                                            2/5




                     4. As per FIR, petitioner along with other co-

         accused persons assaulted the deceased, as a result of which

         he became unconscious and subsequently died.

                     5. Learned counsel appearing on behalf of the

         CICL/petitioner           submitted         that   allegation   against

         petitioner/CICL is very much general and omnibus in nature

         and other co-accused persons facing similar allegation were

         granted bail namely Dipak Kumar through Cr. Misc. No.

         31398 of 2026 dated 08.05.2026, Samresh Kumar through

         Cr. Misc. No. 83640 of 2025 dated 25.03.2026, Pankaj

         Kumar through Cr. Misc. No. 26186 of 2026 dated

         22.04.2026 and Nitish Kumar and Deepak Yadav through

         Cr. Misc. No. 83714 of 2025 & Cr. Misc. No. 3312 of 2026

         dated 23.02.2026. It is further pointed out that through

         Social Investigation Report of petitioner/revisionist, which is

         already mentioned in impugned judgment itself, it nowhere

         reveals that CICL may not improve him in future as to join

         the main stream of civilized society, therefore, there is no

         harm to release the juvenile under the supervision and care

         of his mother, who is ready to extend his care and love to
Patna High Court CR. REV. No.259 of 2026 dt.11-06-2026
                                            3/5




         the petitioner.

                     6. Learned APP opposed the prayer for bail.

                     7. Having regard to the submissions and materials

         showing that the CICL/petitioner has been adjudged juvenile

         aged about 17 years and 6 months on the alleged date of

         occurrence, and also as CICL/petitioner has remained in the

         Observation Home since 12.04.2025 and his mother is ready

         to stand as a surety and furnish an undertaking that if

         released on bail he will take care of the CICL/petitioner and

         shall ensure that he does not fall in bad company and, in

         case, the petitioner indulges in any unlawful act, he will

         inform it to the jurisdictional police station as also following

         the spirit of section 12 of the Juvenile Justice (Care and

         Protection of Children) Act, 2015 and in view of the

         exceptions carved out by the Hon’ble Division Bench of this

         Court in the case of Lalu Kumar and Ors. Vs. The State

         of Bihar reported in 2019 (4) PLJR 833 that classification

         of the offences under the bailable and non-bailable sections

         would not be relevant for the purpose of grant of bail to a

         juvenile and the prayer for bail of a juvenile may be rejected
Patna High Court CR. REV. No.259 of 2026 dt.11-06-2026
                                            4/5




         only under one of the three conditions, which are as under:-

                            “(i) The release is likely to bring that person into
                            association with any known criminal;
                            (ii) The release is likely to expose the said person to
                            moral or physiological danger; and
                            (iii) The release would defeat the ends of justice.”


                     8. Having regard to the submissions made by the

         parties and taking into consideration the materials on record

         as well as the period of incarceration of the petitioner/CICL

         and in the best interest of CICL, this Court is of the

         considered view that the impugned order passed by the court

         below is not in consonance with the aims and objectives of

         the Act. Even social investigation report suggests scope of

         reform and nothing adverse was noticed against him.

                      9.     In     view      of    the   aforesaid    facts       and

          circumstances, as petitioner/CICL is prima-facie facing

          general and omnibus allegation, coupled with the fact as

          similarly situated co-accused persons have already granted

          bail by different learned Co-ordinate Benches of this court,

          where Social Investigation Report (SIR) nowhere suggests

          that CICL/petitioner cannot be reformed in future as to join

          the main stream of society, accordingly, the order dated
               Patna High Court CR. REV. No.259 of 2026 dt.11-06-2026
                                                           5/5




                         24.01.2026 passed by learned District and Addl. Sessions

                         Judge 1st Darbhanga, in connection with Laherisarai P.S.

                         Case No. 245 of 2025 is hereby set aside.

                                     10.The criminal revision application stands allowed.

                                     11. Let the CICL-petitioner, named-above, be

                         released on bail on furnishing bail bond of Rs. 25,000/-

                         (Rupees Twenty-five Thousand only) with two sureties of

                         the like amount each to the satisfaction of learned District

                         and Addl. Sessions Judge 1st Darbhanga, in connection with

                         Laherisarai P.S. Case No. 245 of 2025                 on the following

                         conditions:-

                                           (i) That one of the sureties should be the
                                           mother of the CICL/petitioner; and
                                           (ii) That the father of the CICL/petitioner shall
                                           file an affidavit before the learned Juvenile
                                           Justice Board, Patna, giving specific undertaking
                                           that after release of the CICL/petitioner on bail,
                                           he will take proper care of the petitioner and will
                                           not allow him to fall into bad company.


                                                                    (Chandra Shekhar Jha, J.)
S.Tripathi/-
AFR/NAFR
CAV DATE                          NA
Uploading Date                    11.06.2026
Transmission Date                 11.06.2026


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.