Patna High Court
XXXXversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail must be granted to the child in conflict with law as the prosecution failed to demonstrate reasonable grounds for denial under Section 12 of the Juvenile Justice Act.
Summary
The revision petition sought regular bail for a juvenile (CICL) accused under IPC sections 307/34, alleging that earlier orders denying bail lacked factual basis. The petitioner argued that bail can be denied only if there are reasonable grounds that release would expose the child to criminal association, danger, or defeat justice, as per Section 12 of the Juvenile Justice Act. The court examined the background investigation report and found no concrete evidence of such risks, emphasizing the Act's reformatory purpose and the child's right to rehabilitation at home. Citing Supreme Court and Allahabad High Court precedents, the court held that without specific findings, bail must be granted. Consequently, the earlier orders of the Juvenile Justice Board and the Additional District Judge were set aside, bail was granted with conditions, and the revision petition was allowed.
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 without specific findings of risk.
- Whether the alleged lack of guardianship and potential association with criminals constitute reasonable grounds to refuse bail.
- Whether the earlier orders denying bail are liable to be set aside.
- Whether disclosure of the juvenile's identity in the cause title violates Section 74 of the Juvenile Justice Act.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 3(5)
- Indian Penal Code — s. 307, 34
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 12, 74
Subjects
- bail
- juvenile justice
- child in conflict with law
- Section 12
- identity protection
- revision
- regular bail
- guardianship
- rehabilitation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.825 of 2025
Arising Out of PS. Case No.-87 Year-2023 Thana- JOGBANI District- Araria
======================================================
XXXX
... ... Petitioner
Versus
1. The State of Bihar.
2. Rohit Kumar Singh S/o Late Lolin Singh, R/o- Indra Nagar, Ward No. -04,
P.S.- Jogbani, Distt.- Araria.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Harsh Vardhan, Advocate
For the State : Mr. Md. Ataur Rahman, APP
For the OP No. 2 : Mr. Rakesh Kumar Samrendra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 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.
4. The present revision petition has been filed for
grant of regular bail to the petitioner / child in conflict with law
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challenging the order dated 14.05.2025, passed by learned
Additional District & Session Judge-I cum Special Judge (Juvenile
Court), Araria, in Cr. Appeal No. 10 of 2025, arising out of
Jogbani P.S. Case No. 87 of 2023, dated 06.04.2023, registered
under Section 307 / 34 of the Indian Penal Code, corresponding to
Section 109 / 3(5) of the B.N.S., 2023, affirming the order dated
23.10.2024, passed by the learned Juvenile Justice Board, Araria,
rejecting the bail of the petitioner vide JJB. No. 32 of 2024.
5. Briefly stated facts of the case leading to the
institution of the present petition is that the opposite party no. 2
lodged a case vide Jogbani P.S. Case No. 87 of 2023 under Section
307 / 34 of the Indian Penal Code with the allegation that on
02.04.2023, after having dinner at around 10:30 PM, all the family
members of the opposite party no. 2, including his younger
brother, went to bed in their respective rooms. On 03.04.2023, at
around 04:00 AM, his brother knocked on his door and when he
opened the same, he found the face of his brother drenched in pool
of blood. When he asked his younger brother to explain the reason
for this injury, he replied that he received a call from one Md. Lal
at around 03:00 AM, who asked him to come immediately to his
old house situated at Indranagar, Ward No. 4. When he reached
there, he found three FIR named co-accused persons including the
petitioner / child in conflict with law (for brevity, “CICL”) and one
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unknown person already present there, who tried to forcibly take
him somewhere, and when he opposed to the same, then Md. Lal,
with an intention to kill, shot at him which hit him on the left side
of his face causing injury. He somehow freed himself from their
clutches and ran away from there. Meanwhile, Md. Eido also shot
at him but the shot missed him.
6. Learned counsel for the petitioner / CICL submits
that the petitioner / CICL is innocent and has falsely been
implicated in the present case. The bail to the CICL can be denied
only on three grounds; that there was danger of child falling in
company of a criminal after his release or that releasing the child
will result in moral, physical or psychological danger to the CICL
or his release will defeat the ends of justice. However, there is no
material on record to show that CICL has association with criminal
elements. It has also been wrongly held that there was no
guardianship for the CICL to prevent him from joining company
of known criminals. The seriousness of offence could not be any
ground for rejection of the bail. Even otherwise, there is no
allegation of opening fire against this petitioner / CICL.
7. Learned counsel referred to the decision of the
Hon’ble Supreme Court in the case of Juvenile in conflict with
law V v. The State of Rajasthan & Anr., arising out of Special
Leave Petition (Crl.) No. 9566 of 2024, reported in 2024 SCC
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OnLine SC 5297, wherein the Hon’ble Supreme Court reiterated
that where no findings are recorded to show that proviso to sub-
section (1) of Section 12 was applicable, then the juvenile cannot
be denied bail. Learned counsel further referred to the decision of
Allahabad High Court in the case of X Juvenile v. the State of
U.P. & Anr., vide Neutral Citation No. 2024:AHC:65178, in
further support of his claim.
8. Learned counsel further submits that the impugned
orders may be set aside and the petitioner / CICL be enlarged on
bail.
9. Learned APP for the State as well as learned
counsel for the opposite party no. 2 vehemently contend that the
petitioner does not deserve to be enlarged on bail. Learned counsel
for the opposite party no. 2 submits that there is specific allegation
against this petitioner that he along with other co-accused persons
tried to forcibly take away the brother of the opposite party no. 2.
The learned Courts below have recorded their findings that the
CICL has been in company of persons of criminal nature and it
cannot be risked that after his release on bail, the CICL may join
such criminal elements and there was lack of guardianship.
10. I have given my thoughtful consideration to the
rival submission of the parties and have perused the record.
Section 12 of the Juvenile Justice (Care and Protection of
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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 bailable
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 person’s 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.
(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.
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(4) When a child in conflict with law is unable
to fulfill 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."
Therefore, bail to a CICL could be denied only on the
grounds that such release would bring him in association with
known criminals or such release would put the CICL in moral,
physical or psychological danger or such release would defeat the
ends of justice. In the present case, the prayer for bail was rejected
on the basis of background investigation report / social
investigation report, wherein the maturity of the CICL, lack of
education, morality and other contributory factors have been
mentioned for the present stage of the child. Apart from that, it has
also been mentioned that there was lack of guardianship in the
home of the CICL and there was moral, physical and
psychological danger in case the CICL was enlarged on bail.
11. The purpose of the Juvenile Justice Act is
reformation and rehabilitation of a CICL. Therefore, the
paramount interest of child would reign supreme while
considering his well-being and whether he could be enlarged on
bail or not. Of course, child could be denied bail on certain
grounds, but there must be supporting facts and also the presence
of basis for such apprehension. Otherwise, it could not be denied
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that the best place for the upkeep of the child is his own house and
the same could not be ensured by putting the child at any
observation home. The chances of reformation are much more at
home rather than in any other institution. Though, it has been
submitted that the CICL is having criminal antecedent, the same is
not of much significance as even after having antecedent, a child
could reform. If the family members of the CICL are ready to take
up the custody of the child and ensure that he does not fall in bad
company and give such undertaking, the child could be released
and allowed to be sent to his home.
12. Therefore, in the light of these facts and
circumstances, I am of the considered opinion that the CICL could
be released on bail. Accordingly, let the petitioner / CICL be
released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees
Ten Thousand Only) with two sureties of the like amount each to
the satisfaction of the learned Juvenile Justice Board, Araria /
concerned Court, in connection with JJB Case No. 32 of 2024,
arising out of Jogbani P.S. Case No. 87 of 2025, subject to
following condition:
(i) One of the bailors will be the father of the
petitioner / CICL and shall give undertaking that he shall take
proper care in upkeep of the petitioner.
13. Accordingly, the Judgment / order dated
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14.05.2025 passed by the learned Additional District & Session
Judge-I cum Special Judge (Juvenile Court), Araria and also the
order dated 23.10.2024 passed by the learned Juvenile Justice
Board, Araria are set aside and hence, the present revision petition
stands allowed.
14. Office is directed to return the lower Court record
forthwith, if any.
(Arun Kumar Jha, J)
Shahnawaz/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 05.02.2026
Transmission Date 05.02.2026
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