Patna High Court
XXXversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ARUN KUMAR JHA
Holding
Bail must be granted to a child in conflict with law unless reasonable grounds exist that release would expose the child to criminal association or endanger his welfare, and such grounds were absent in the present case.
Summary
The petition was filed by a 17‑year‑old child in conflict with law (CICL) who had been denied bail by the Juvenile Justice Board and the Additional Sessions Judge in a case involving alleged robbery, assault with a firearm and sections 394 IPC and 27 Arms Act. The petitioner argued that he was a juvenile, no incriminating material was recovered, co‑accused had been granted bail, and that the denial was based on an adverse social investigation report rather than concrete risk. The State contended that the child had antecedent serious offences, was a habitual offender and associated with criminals, justifying denial of bail. The High Court examined Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, emphasizing that bail can be denied only if release would expose the child to criminal association or endanger his welfare, and considered the principles under Section 3 of the same Act, especially the best‑interest of the child. Finding no sufficient grounds to refuse bail, the Court set aside both lower orders and granted bail with conditions, allowing the revision petition.
Issues considered
- Whether bail can be denied to a child in conflict with law under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 on the basis of alleged association with criminals.
- Whether the best‑interest and welfare principles under Section 3 of the Juvenile Justice Act override the State's claim of habitual offending.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 394
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 12, 3
Subjects
- bail
- child in conflict with law
- Juvenile Justice Act
- best interest of child
- observation home
- criminal revision
- Section 12
- Section 3
- IPC 394
- Arms Act 27
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.725 of 2025
Arising Out of PS. Case No.-14 Year-2024 Thana- KHUTAUNA District- Madhubani
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XXX S/o Jeebachh Yadav @ Jivach Yadav Being Minor represented through
under guardian ship of his mother namely Ramkumari Devi, W/o Jeebachh
Yadav @ Jivach Yadav, R/o Vill - Godiyari, Barhampur, P.S.- Phulparas,
Distt- Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. Brajesh Kumar S/o Hari Mohan Kamat R/o village - Charrapatti, Ward no.
13, P.S.- Khatauna, District - Madhubani
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar, Adv
Mr. Amrit Anunay, Advocate
For the Respondent/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
5 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Though the service has been declared upon
the opposite party no. 2, there is no representation on his behalf.
2. The instant criminal revision petition has been filed
for setting aside the judgment/order dated 26.09.2024 passed by
the learned Additional Sessions Judge-cum-Special Judge
(Children Court, Madhubani in Juvenile Appeal No. 19 of 2024,
whereby and whereunder the learned appellate court dismissed
the appeal and upheld the order dated 11.06.2024 passed by
learned Juvenile Justice Board, Madhubani in Khutauna P.S.
Case No. 14 of 2024 registered under Section 394 of the Indian
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Penal Code and Section 27 of the Arms Act, by which the prayer
for grant of bail to the petitioner/child in conflict with law (for
short 'CICL') has been rejected.
3. Briefly stated, the facts of the case are that four
miscreants riding two motorcycles surrounded the motorcycle of
the informant/opposite party no. 2 and started snatching his bag
and motorcycle. When the opposite party no. 2 opposed, he was
assaulted with the butt of the gun. The miscreants snatched the
motorcycle of the opposite party no. 2 and fled away. The name
of the petitioner, who is the CICL, transpired during
investigation for being involved in the alleged occurrence. The
CICL moved before the learned Juvenile Justice Board,
Madhubani for grant of bail but his prayer was rejected vide
order dated 11.06.2024. The CICL preferred an appeal which
also came to be dismissed vide judgment/order dated
26.09.2024 passed by the learned Additional Sessions Judge-
cum Special Judge (Children Court), Madhubani. The CICL
approached this Court against the aforesaid two orders.
4. Learned counsel for the petitioner submits that the
petitioner/CICL submits that on the basis of school certificate,
the age of petitioner was assessed to be 17 years 06 months and
15 days on the day of occurrence and, as such, he was declared
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juvenile by the learned J.J. Board, Madhubani. Learned counsel
further submits that the name of the petitioner transpired in this
case on the basis of confessional statement of co-accused Pankaj
Kumar and the petitioner/CICL was apprehended in Khutauna
P.S. Case No. 19 of 2024 and thereafter, remanded in the present
case on 23.01.2024 and since then the petitioner is in
observation home. Learned counsel further submits that nothing
incriminating has been recovered from the person or possession
of this petitioner and no test identification parade has ever been
done. Co-accused Ranjay Kumar Yadav has been granted bail
by a Co-ordinate Bench of this Court vide order dated
04.09.2024 passed in Criminal Misc. No. 62199 of 2024.
Similarly, co-accused Raushan Kumar has been granted bail by
the same Co-ordinate Bench vide order dated 04.10.2024 passed
in Criminal Misc. No. 68306 of 2024. Learned counsel further
submits that even the co-accused Pankaj Kumar, who has named
this petitioner, has been granted bail by the Co-ordinate Bench
vide order dated 20.12.2024 passed in Criminal Misc. No.
83123 of 2024. Learned counsel further submits the bail of the
petitioner has been denied on the basis of Social Investigation
Report that the petitioner is not in control of her mother and
there was absence of moral and ethical value in his house and
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there was possibility of involvement of the petitioner in anti-
social activities after his release. The mother of the petitioner is
ready to give undertaking 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 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. Thus, the learned counsel submits that
the order dated 11.06.2024 of the learned J. J. Board,
Madhubani as well as order dated 26.09.2024 of the learned
Additional Sessions Judge-cum-Special Judge (Children Court),
Madhubani may be set aside.
5. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP submits that the
petitioner is having antecedent of two cases for serious offences
and he appears to be a habitual offender. Learned APP further
submits that the learned appellate court has taken note of the
social investigation report wherein it has been mentioned that
there was no discipline in the house of the CICL and his father
remains outside at Kolkata in connection with his job. It has also
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been found that the CICL is in association with criminals and
has been participating in organized crime and the same is
against the safety of the CICL.
6. I have given my thoughtful consideration to the
rival submission of the parties and perused the record.
7. Section 12 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 provides as under:-
“Section 12 -Bail to a person who is
apparently a child alleged to be in conflict
with law.
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.
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(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.”
8. The aforesaid provision makes it clear that a CICL
could be denied bail only on the ground that on release, the said
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. In the
present case, the bail has been denied on the ground that the
CICL was in association with known criminals and has
participated in organized crime. But the best interests and
welfare of a child are of paramount importance.
9. 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,
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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
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
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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)...”
10. 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.
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.
11. From the record, it does not transpire how the
social investigation report of the CICL gave adversarial
findings. The CICL is in observation home since 23.01.2024 and
his best interest is paramount importance. For reformatory
measures and rehabilitation and to protect the best interest of the
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child, the best place could be the house of the child and keeping
such CICL in observation home would frustrate the provision of
Juvenile Justice (Care and Protection of Children) Act, 2015.
Therefore, the conclusions arrived at by the learned Juvenile
Justice Board, Madhubani as well as learned Additional
Sessions Judge-cum-Special Judge, Children Court, Madhubani
are not sustainable and hence, the impugned judgment/order the
order dated 11.06.2024 passed by learned Juvenile Justice
Board, Madhubani in Khutauna P.S. Case No. 14 of 2024 and
the judgment/order dated 26.09.2024 passed by the learned
Additional Sessions Judge-cum-Special Judge (Children Court),
Madhubani in Juvenile Appeal No. 19 of 2024 and, are hereby
set aside.
12. 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, Madhubani/concerned court in connection with
Khutauna P.S. Case No. 14 of 2024, subject to the following
conditions:
(i) One of the bailors will be the parents of
the petitioner and other bailor will also be
relative of the petitioner having no
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criminal antecedent and shall give
undertaking that he/she shall keep proper
care and upkeep of the petitioner.
(ii) The petitioner shall remain present
before the Board on each and every date of
trial of the case fixed by the Board.
13. Accordingly, the present revision petition is
allowed.
(Arun Kumar Jha, J)
Ashish/-
U T
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