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Patna High Court

Shivam KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail to a child in conflict with law may be denied only on specific grounds of danger or association with criminals; absent such grounds, the child must be released on bail.

Summary

The revision petition challenged the denial of bail to a 14‑year‑old child in conflict with law (CICL) accused of murder under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The Juvenile Justice Board and the Additional Sessions Judge had refused bail, citing potential exposure to criminal elements and danger to the child's welfare. The petitioner argued that the child was falsely implicated, had no prior record, and that the lower courts failed to apply the statutory criteria for denying bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The High Court examined the statutory provisions, emphasizing that bail can be denied only if release would likely expose the child to known criminals or moral, physical, or psychological danger. Finding no material to support such grounds, the Court held that the child should be released on bail with conditions, set aside the lower courts' orders, and allowed the revision petition.

Issues considered

  • Whether the denial of bail to a child in conflict with law was justified under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
  • Whether the facts established a reasonable ground that the child's release would expose him to criminal elements or endanger his moral, physical, or psychological well‑being.
  • Whether the principles of best interest of the child and presumption of innocence require bail as the rule and jail as the exception for a CICL.

Legislation cited

Subjects

  • bail
  • juvenile justice
  • child in conflict with law
  • presumption of innocence
  • best interest of child
  • revision petition
  • Section 12 JJ Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL REVISION No.771 of 2025
                      Arising Out of PS. Case No.-80 Year-2024 Thana- Vasudevpur District- Munger
                 ======================================================
                 XXXX

                                                                                   ... ... Petitioner/s
                                                       Versus
                 1. The State of Bihar
                 2. Sanju Devi W/o late Tarkeshwar Mandal, R/o- Village-Sherpur, District-
                 Munger

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Shambhu Sharan Singh, Advocate
                 For the Respondent/s    :        Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

4   02-02-2026                 Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the opposite party no. 2.

                               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

                   manner.
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                       4. The instant revision petition has been filed for

          setting aside the Judgment/order dated 07.07.2025 passed by the

          learned      Additional       Sessions       Judge-I-cum-Special   Judge

          (Children Court), Munger in Criminal Appeal No. 06 of 2025

          whereby and whereunder the order dated 30.05.2025 passed by

          the learned Court of Juvenile Justice Board, Munger in JJB Case

          No. 200 of 2024 arising out of Basudevpur P.S. Case No. 80 of

          2024, rejecting the prayer of the petitioner for bail, has been

          affirmed against the petitioner/child in conflict with law (for

          short ‘CICL’)

                       5. Briefly stated, facts of the case leading to the

          institution of the present petition are that the opposite party no.

          2 lodged a case vide Basudevpur P.S. Case No. 80 of 2024

          under Sections 103(1)/3(5) of Bharatiya Nyaya Sanhita, 2023

          and Section 27 of the Arms Act, alleging there in that on

          23.09.2024 at 09:00 PM, the petitioner came to the house of the

          informant and took away the son of the informant/opposite party

          no. 2 with him. After one hour, the informant heard gun shot

          sound and the villagers saw the petitioner lifting the informant’s

          son. The villagers took the son of the informant to Sadar

          Hospital where during treatment, the informant’s son died. The

          informant/opposite party no. 2 showed her suspicion that the
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          petitioner along with other co-accused persons were involved in

          the murder of her son. The petitioner/child in conflict with law

          (in short ‘CICL’) was taken in custody on 26.09.2024. The

          CICL moved before the learned Juvenile Justice Board, Munger

          for grant of bail but his prayer was rejected vide order dated

          30.05.2025. The CICL preferred an appeal which also came to

          be dismissed vide order dated 07.07.2025 passed by the learned

          Additional Sessions Judge-I-cum Special Judge (Children’s

          Court) Munger. The CICL approached this Court impugning the

          aforesaid two orders.

                       6. Learned counsel for the petitioner submits that the

          petitioner has been falsely implicated in this case. The petitioner

          is a student and his detention is affecting his studies and

          development. The petitioner was declared juvenile by the J.J.

          Board, Munger as the age of the petitioner was assessed to be 14

          years 07 months and 03 days on the day of occurrence and has

          got no criminal antecedent. Learned counsel further submits that

          the orders of the learned Courts below are bad in the eye of law

          as well as on facts. The Courts below have not considered the

          fact that the petitioner has been deprived of care and protection

          of his family by placing him in custody. Learned counsel further

          submits that all the witnesses including the informant have
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          stated that the deceased and the CICL were best friends and as

          per testimonies, the CICL himself promptly took to the victim to

          the Sadar Hospital for treatment. Learned counsel further

          submits that the allegation itself against the petitioner is based

          on    conjectures       and     surmises.         The   social   investigation

          report/social background report do not make out any case to

          keep the CICL in custody. The same report also mentions about

          his friendly behaviour with neighbours and normal mental

          condition and has passed the class-X examination. Learned

          counsel further submits that both the courts below passed the

          orders without recording any reason that the release of the

          juvenile is likely to bring him into association with known

          criminals or expose him to any moral, physical or psychological

          danger. For his proper physical and mental development, he

          needs to be enlarged on bail as his continuous custody would be

          detrimental to his mental and physical well being. There is no

          chance of CICL falling in bad company and he is the first

          offender and is not having any criminal antecedent. Therefore

          the petitioner ought to have been released on bail after setting

          aside the impugned orders as both the Courts below passed

          erroneous orders.

                       7. Learned APP for the State as well as learned
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          counsel for the informant/opposite party no. 2 opposes the

          submission made on behalf of the petitioner. Learned counsel

          for the opposite party no. 2 submits that the petitioner himself

          took away the son of the opposite party no. 2 with him and

          committed crime with the help of other co-accused persons.

          Learned counsel further submits that the offence of the CICL is

          serious. Learned counsel further submits that in the social

          investigation report/social background report, it has also come

          that major issued was the CICL was in company of bad peer

          group. If the CICL is enlarged on bail, there is possibility of his

          coming into association of band elements of society.

                       8. I have given my thoughtful consideration to the

          rival submission of the parties.

                       9. Section 12 of the Juvenile Justice (Care and

          Protection of Children) Act, 2015 reads 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
                             abailable 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:
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                             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
                             home1[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

          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
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          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 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:
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                          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.

          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, it is apparent that

          the alleged offence is serious but the bail to a child in conflict
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          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

          custody since 26.09.2024 and perusal of the impugned orders

          show the bail was denied on the ground that release of the child

          in conflict with law would expose him to physical and

          psychological danger as the atmosphere of his house is not

          conducive for his safety and well being. Further, from the record

          as well as social investigation report/social background report of

          the CICL, 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, Munger as well as learned 1 st Additional

          Sessions Judge-cum-Special Judge, Children Court, Munger 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
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                      Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of

                      the like amount each to the satisfaction of learned Juvenile

                      Justice Board, Munger/concerned court in connection with JJB

                      Case No. 200 of 2024 arising out of Basudevpur P.S. Case No.

                      80 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
                                         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.


                                   15. Accordingly, the revision petition is allowed and

                      the judgment/order dated 07.07.2025 passed by the learned

                      Additional Sessions Judge-cum-Special Judge (Children Court),

                      Munger in Criminal Appeal No. 06 of 2025, as well as order

                      dated 30.05.2025 passed by learned Juvenile Justice Board,

                      Munger in JJB Case No. 200 of 2024 arising out of Basudevpur

                      P.S. Case No. 80 of 2024, are hereby set aside.



                                                (Arun Kumar Jha, J)
Ashish/-
U       T


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