Patna High Court
Abhay Tiwary @ Abhay Kumar TiwaryversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ARUN KUMAR JHA
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
- Code of Criminal Procedure, 1973
- Indian Penal Code — s. 120(B), 201, 302, 363, 365
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 12, 3
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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