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Patna High Court

XXXversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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.
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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/-

U      T


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