Patna High Court
XXXversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ARUN KUMAR JHA
Holding
Bail to a child in conflict with law cannot be denied unless there are reasonable grounds that release would expose the child to criminal influence or endanger his welfare, and such grounds were not established in this case.
Summary
The petition was filed by a minor, XXX, who was alleged to have participated in an armed robbery and was denied bail by the Juvenile Justice Board and the Additional Sessions Judge. The petitioner, aged 17 years and 6 months, was identified through a co‑accused's confession, but no incriminating material was recovered and no identification parade was conducted. The petitioner’s counsel argued that under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 bail can be denied only if release would expose the child to criminal elements or endanger his welfare, which was not established. The State contended that the child had prior serious offences and was associated with organized crime, justifying denial of bail. The High Court examined the statutory provisions, emphasizing the principles of best interest, presumption of innocence, and safety, and found the social investigation report insufficient to justify detention. Consequently, the Court set aside both the JJB and Additional Sessions Judge orders and granted bail with conditions, allowing the revision petition.
Issues considered
- Whether the denial of bail to a child in conflict with law under Section 12 of the Juvenile Justice Act, 2015 was justified on the grounds of potential association with criminal elements.
- Whether the principles of best interest of the child and presumption of innocence require the release of the child on bail in the absence of concrete evidence of danger.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 394
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 12, 3
Subjects
- juvenile justice
- bail
- child in conflict with law
- best interest of child
- observation home
- social investigation report
- criminal revision
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.731 of 2025
Arising Out of PS. Case No.-21 Year-2024 Thana- BABUBARHI District- Madhubani
======================================================
XXX S/o Jeebachh Yadav @ Jivach Yadav Being Minor represented through
under guardian ship of her 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. Ananda Karmokar S/o Chandan Karmokar R/o Vill- Barosaka, P.S. - English
Bajar, Distt.- Malda, W.B
... ... Opposite Parties.
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar, Advocate
Mr. Amrit Anunay, Advocate
For the O.P.-State : Mr. Ram Bilash Roy Raman, APP
For the O.P. No. 2 : Ms. Shruti Sinha, Advocate
Mr. Suryakant Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State as well as learned counsel for the opposite
party no. 2.
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. 20 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 Babubarhi P.S.
Patna High Court CR. REV. No.731 of 2025(4) dt.02-02-2026
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Case No. 21 of 2024 registered under Section 394 of the Indian
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 Bolero Pick-
up vehicle of the informant/opposite party no. 2 while he was
going to Barail (Madhubani) from Malda and opened fire upon
the vehicle. The miscreants broke the front windshield of
vehicle of the opposite party no. 2 and snatched Rs. 4,500/-
from him. 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
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15 days on the day of occurrence and, as such, he was declared
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 09.05.2024 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 Raushan Kumar has been granted bail by a
Co-ordinate Bench vide order dated 04.09.2024 passed in
Criminal Misc. No. 60337 of 2024. Learned counsel further
submits that even the co-accused Pankaj Kumar, who has named
this petitioner, has been granted bail by another Co-ordinate
Bench vide order dated 24.04.2025 passed in Criminal Appeal
No. 790 of 2025. 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
there was possibility of involvement of the petitioner in anti-
social activities after his release. The mother of the petitioner is
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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 as well as learned
counsel for the opposite party no. 2 vehemently opposes the
submission made on behalf of the petitioner. Learned counsel
for the opposite party no. 2 submits that the petitioner is having
antecedent of two cases for serious offences and he appears to
be a habitual offender. Learned counsel 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 been
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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 09.05.2024 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 Babubarhi P.S. Case No. 21 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. 20 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
Babubarhi P.S. Case No. 21 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/-
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