Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ARUN KUMAR JHA
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
- Code of Criminal Procedure, 1973
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 12, 3
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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