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Patna High Court

Abhay Tiwary @ Abhay Kumar TiwaryversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

A child in conflict with law is entitled to bail under Section 12 of the Juvenile Justice Act unless there are reasonable grounds that release would expose the child to criminal association or moral, physical or psychological danger, which were absent; therefore bail must be granted.

Summary

The petition filed by Sunil Kumar Singh, a child in conflict with law (CICL), sought bail after the Juvenile Justice Board and the Additional Sessions Judge had denied it on the ground that his release might expose him to criminal association and danger. The petitioner argued that his name appeared only in co‑accused confessional statements and that the FIR did not name him, invoking Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 which makes bail a right for a CICL unless specific risks are shown. The State contended that bail could be denied only if reasonable grounds of danger existed, but also noted the father's undertaking. The Court examined Section 12 alongside the Act’s principles of presumption of innocence, best interest, and safety, finding no material to establish the alleged risks. Consequently, the Court held that bail must be granted, set aside the earlier orders, and directed the petitioner be released on bail with conditions.

Issues considered

  • What is the scope of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 regarding bail for a child in conflict with law?
  • Whether the grounds invoked by the Juvenile Justice Board and the Additional Sessions Judge – possible association with criminals and moral/physical/psychological danger – are sufficient to deny bail?
  • Whether the presumption of innocence and best‑interest principles under the Act override the denial of bail in this case?

Legislation cited

Subjects

  • bail
  • child in conflict with law
  • Juvenile Justice Act
  • presumption of innocence
  • best interest of child
  • observation home
  • criminal revision

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        CRIMINAL REVISION No.560 of 2025
                        Arising Out of PS. Case No.-150 Year-2024 Thana- AMNAUR District- Saran
                 ======================================================
                 XXXX

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Sunil Kumar Singh S/o- Madhusudan Singh R/v- Parshurampur Ps- Amnaur
                 Dist- Saran at Chapra.

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Rakesh Kumar, Advocate
                 For the OP-State          :      Mr. Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

5   29-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Despite service of notice upon opposite party

                   no. 2, there is no representation on his behalf.

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

                   revision petition, the identity details of the Juvenile 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 juvenile in conflict with law. Therefore, the

                   identity of the petitioner is being referred to in the cause title as

                   XXXX.

                                 3. Registry while uploading the order on the website

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

                       4. The instant criminal revision petition has been filed

          for setting aside the judgment dated 02.05.2025 passed by the

          learned Additional Sessions Judge-cum-Special Judge (Children

          Court), Saran at Chapra in Criminal (Juvenile) Appeal No. 09 of

          2024, whereby and whereunder the learned appellate court

          upheld the order dated 16.01.2025 passed by learned Juvenile

          Justice Board, Saran at Chapra in JJB Case No. 872 of 2024

          arising out of Amnour P.S. Case No. 150 of 2024 registered

          under Sections 363 and 365 of the Indian Penal Code and

          subsequently added Sections 302, 120(B) and 201 of IPC, by

          which the prayer for grant of bail to the petitioner/child in

          conflict with law (for short 'CICL') has been refused.

                       5. The prosecution case, as per the First Information

          Report, is that on 16.05.2024, in the night, at about 9:30 pm,

          informant’s son, Alok Kumar, and his friend Rishav Kapoor,

          came at the shop of the informant, took a bottle of cold drink,

          and wen on a motorcycle, but till late night, the informant’s son

          did not return. During search, the informant went to the house of

          the co-accused Rishav Kapoor and asked about his son’s

          whereabouts, upon which he told that he had dropped the

          deceased at Sultan Pitch on his saying and he did not know
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          anything about his whereabouts. During investigation, the dead

          body of the informant’s son was found buried in an orchard. The

          name of the petitioner transpired during investigation for being

          involved in the alleged occurrence. The petitioner was declared

          Juvenile by the learned Juvenile Justice Board, Saran at Chapra

          and is taken in remand home since 31.08.2024. The CICL

          moved before the learned Juvenile Justice Board, Saran at

          Chapra for grant of bail but his prayer was rejected vide order

          dated 16.01.2025. The CICL preferred an appeal which also

          came to be dismissed vide judgment dated 02.05.2025 passed by

          the learned Additional Sessions Judge-I-cum Special Judge

          (Children’s Court), Saran at Chapra. The CICL approached this

          Court against the aforesaid two orders.

                       6. Learned counsel for the petitioner submits that the

          petitioner is child in conflict with law and the FIR was

          registered against unknown and the name of the petitioner

          transpired in the confessional statement of co-accused persons,

          namely Rishav Kappor and Satyam Kumar Singh that the

          petitioner along with co-accused Mahi Singh strangulated the

          informant’s son with the help of towel, due to which he died.

          Learned counsel further submits that the petitioner was declared

          Juvenile by the learned Juvenile Justice Board, Saran at Chapra,
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          after coming to the conclusion that the petitioner was minor at

          the time of alleged occurrence. Learned counsel further submits

          that the learned Juvenile Justice Board, Saran at Chapra as well

          as learned 1st Additional Sessions Judge-cum-Special Judge,

          Children Court, Saran, have rejected the prayer of the petitioner

          for bail on erroneous conclusion that there is a possibility that

          the petitioner will again come in association with known or

          unknown criminals, if released on bail and grant of bail to the

          petitioner may cause moral, physical and psychological danger

          to him. Learned counsel next submits that the learned 1 st

          Additional Sessions Judge-cum-Special Judge, Children Court,

          Saran at Chapra did not consider the social investigation report

          of the CICL in correct legal perspective. Learned counsel further

          submits that the petitioner is not named in the FIR and his name

          has transpired in this case on the basis of confessional statement

          of co-accused persons and the petitioner is in remand home

          since 31.08.2024. Learned counsel further submits that the

          father of the petitioner, who is deponent in the present case,

          undertakes to take proper care of the petitioner after release on

          bail and shall not allow him to fall into bad company and would

          try to bring change in his behaviour, if required. Learned

          counsel further submits that keeping the petitioner in
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          observation home would not serve any useful purpose and

          would not help in his proper development considering his age

          and it is not in the best interest of the petitioner who is CICL.

          Learned counsel referred to the decision of this Court in the case

          of Mahi Singh @ Yuwaraj Ranjan Vs. The State of Bihar and

          Anr (Criminal Revision No. 219 of 2025, decided on

          20.06.2025), wherein in the similar circumstances, the prayer

          for bail of the co-accused child in conflict with law was

          allowed.

                       7. Learned APP for the State opposes the submission

          made on behalf of the petitioner. Learned APP submits that,

          however, from perusal of Section 12 of the Juvenile Justice

          (Care and Protection of Children) Act, 2015 (hereinafter referred

          to as ‘the Act’), it appears that bail is a matter of right to a child

          in conflict with law and denial is exception and in view of the

          fact that father has given an undertaking to reform her child, i.e.,

          the petitioner, this Court may consider to pass appropriate order

          in the best interest of the child in conflict with law.

                       8. I have given my thoughtful consideration to the

          rival submission of the parties and perused the record.

                       9. Section 12 of the Act 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
                             bailable 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 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.”


                       10. The aforesaid provision makes it clear that a CICL

          could be denied bail only on the ground that on release, the said
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          child would come in contact with criminal elements and there

          was danger to the moral, physical and psychological well being

          of the CICL or would defeat the ends of justice. If these grounds

          are not present, the bail could not be denied to a CICL.

                       11. Now, at the same time, relevant portion 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
                             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
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                             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
                             (vi)…
                             (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.
                             (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)...”

                       12. Cumulative reading of these two provisions show

          the CICL shall 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

          endanger his moral, physical or psychological well being.
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          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

          child in conflict with law.

                       13. In the facts of the present case, the alleged offence

          is serious but the bail to a child in conflict with law could be

          denied only under specific circumstances as mentioned

          hereinbefore. Otherwise the bail is a rule and jail is an exception

          in case of CICL as well. The CICL has remained in remand

          home since 31.08.2024 and perusal of the impugned orders

          show the bail was denied on the ground that the petitioner will

          again come in association with known or unknown criminals, if

          released on bail and grant of bail to the petitioner may cause

          moral, physical and psychological danger to him. Further from

          the record, I do not find any material to infer that the child

          would come in contact with some known criminal or if released,

          he will suffer mental, physical or psychological harm. For

          reformatory measures and rehabilitation and to protect the best

          interest of the child, the best place could be the house of the

          child. Therefore, the conclusions arrived at by the learned

          Juvenile Justice Board, Saran at Chapra as well as learned 1 st

          Additional Sessions Judge-cum-Special Judge, Children Court,
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          Saran at Chapra are not sustainable in the given facts and

          circumstances of the case.

                       14. In the aforesaid facts and circumstances, I am of

          the considered opinion that the child in conflict with law could

          be released on bail. Let the petitioner, a child in conflict with

          law, shall 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 Amnour P.S. Case No. 150 of 2024, subject to the

          following conditions:

                                   (i) One of the bailors shall be the father
                                   of the petitioner;
                                   (ii) The deponent/father of the child in
                                   conflict with law shall furnish an
                                   undertaking before the learned Juvenile
                                   Justice Board that he will take care of the
                                   child in conflict with law and will keep
                                   him in safe custody and produce him
                                   before the learned Juvenile Justice Board
                                   as and when required.


                       15. Accordingly, the revision petition is allowed and

          the judgment dated 02.05.2025 passed by the                     learned

          Additional Sessions Judge-cum-Special Judge (Children Court),
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                      Saran at Chapra in Criminal (Juvenile) Appeal No. 09 of 2024,

                      as well as order dated 16.01.2025 passed by learned Juvenile

                      Justice Board, Saran at Chapra in JJB Case No. 872 of 2024

                      arising out of Amnour P.S. Case No. 150 of 2024, are hereby set

                      aside.



                                                        (Arun Kumar Jha, J)
Ashish/-
U       T


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