Created by Fuzzy Cloud

Patna High Court

Bhola Raut @ Bhola Kumar RautversusThe State of Bihar

Decided
Disposal
CONVERTED

Holding

Only an appeal under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015 lies against the order, not a revision under Section 102.

Summary

The Patna High Court examined the bail denial order of the Children Court against Bhola Raut, a 17‑year‑old accused of offences under the IPC and POCSO Act. The petitioner filed a revision challenging the order, contending that it was an original order and not subject to appellate jurisdiction. The Court considered whether the appropriate remedy was a revision under Section 102 of the Juvenile Justice Act or an appeal under Section 101(5). It held that only an appeal under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015 is permissible, as the order was not passed under appellate jurisdiction. Accordingly, the Court granted permission to convert the revision petition into a criminal appeal within a week and directed cooperation for the conversion, allowing the petitioner to seek an early hearing.

Issues considered

  • Whether the order of the Children Court can be challenged by a revision under Section 102 of the Juvenile Justice Act
  • Whether the appropriate remedy is an appeal under Section 101(5) of the Juvenile Justice Act

Legislation cited

Subjects

  • bail
  • juvenile justice
  • appeal vs revision
  • POCSO
  • child accused
  • criminal procedure
  • conversion of petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CRIMINAL REVISION No.577 of 2025
                                                 In
                                   CRIMINAL APPEAL (SJ) No.2029 of 2024
                    Arising Out of PS. Case No.-204 Year-2023 Thana- MAJORGANJ District- Sitamarhi
                 ======================================================
                 Bhola Raut @ Bhola Kumar Raut S/O Bhikhu Raut Under the guardianship of
                 his father Bhikhu Raut, R/O Village- Dumri Kalan, P.S- Majorganj, Distt.-
                 Sitamarhi.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar & Anr.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Umesh Chandra Verma, Advocate
                                                 Mr. Abhishek Kumar, Advocate
                 For the Respondent/s    :       Mr.Ramchandra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

4   18-02-2026                    The order dated 04.04.2024 passed by the learned 1st

                   Additional Sessions Judge-cum-Presiding Officer, Children

                   Court, Sitamarhi in Majorganj P.S. Case No. 204/2023

                   registered under Sections 354, 354B, 354D, 376, 504/34 of the

                   Indian Penal Code and Sections 4/8 of POCSO Act, whereby

                   and whereunder the prayer for bail of the revisionist has been

                   rejected, is under challenge in this revision petition.

                                 2. The learned counsel for the petitioner submits that

                   the age of the petitioner was assessed to be 17 years 21 days on

                   the date of occurrence and the case of the petitioner was

                   transferred to the Children Court vide order dated 05.02.2024

                   passed by the learned Juvenile Justice Board. Therefore, for the
Patna High Court CR. REV. No.577 of 2025(4) dt.18-02-2026
                                             2/3




          first time, the orders were passed on the prayer of the petitioner

          for grant of bail by the learned Children Court.

                       3. In the light of aforesaid facts and circumstances, it

          is clear that the an appeal would lie under Section 101(5) of the

          Juvenile Justice (Care and Protection of Children) Act, 2015

          (hereinafter referred to as the JJ Act) and not a revision under

          Section 102 of the JJ Act.

                       4. At this stage, learned counsel for the petitioner

          submits that initially the petitioner has rightly filed Cr. Appeal

          (SJ) No.2029 of 2024. However, the petitioner converted the

          criminal appeal into a criminal revision on the orders of learned

          Coordinate Bench of this Court dated 18.04.2025.

                       5. Even though, there is order of learned Coordinate

          Bench directing the petitioner to convert his criminal appeal into

          criminal revision, I do not think any order could be passed

          against the statute. Moreover, the learned Coordinate Bench,

          perhaps, missed the point that the order passed by the learned 1st

          Additional Sessions Judge-cum-Presiding Officer, Children

          Court, Sitamarhi was not under any appellate jurisdiction and it

          was an original order which is being assailed before this Court.

          Therefore, only an appeal under Section 101(5) of JJ Act would

          lie.
           Patna High Court CR. REV. No.577 of 2025(4) dt.18-02-2026
                                                        3/3




                                  6. At this stage, the learned counsel for the petitioner

                     seeks permission to convert the present criminal revision

                     petition into a criminal appeal within a week.

                                  7. Permission is accorded.

                                  8. Learned counsel for the petitioner is directed to

                     convert the present criminal revision petition into a criminal

                     appeal within a week.

                                  9. Office is directed to extend all cooperation towards

                     conversion.

                                  10. After the conversion, the petitioner is at liberty to

                     mention the matter for early hearing before the roster Bench.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


Continue reading with your account

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

Sign in to read

Checking your session…

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