Batch of criminal revisions by juveniles in conflict with law whose bail applications under Section 12 of the Juvenile Justice Act were rejected for heinous offences including rape of minors and murder. The Court held bail is the rule for CICLs but these aggravated offences shocked the conscience of society, so refusal was justified.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.592 of 2023
Arising Out of PS. Case No.-160 Year-2022 Thana- JALALGARH District- Purnia
======================================================
Md. Arshad @ Arshad Ali @ Md. Arshad Ali S/O Masruddin R/O VillageRamnagar, Ps. Amour, Dist. Purnia, Under The Guardianship Of His Father Masruddin Aged About 49 Years (Male), S/O Mohram, R/O VillageRamnagar, Ps. Amour, Dist. Purnia
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 808 of 2023
Arising Out of PS. Case No.-1031 Year-2022 Thana- BIHTA District- Patna
======================================================
Rahul Kumar Son of Surendra Roy @ Surendra Yadav R/o vill - Chakmunjay, P.S. - Bihta, Distt. - Patna, Under Guardianship of his Father Surendra Roy @ Surendra Yadav Aged about 59 Years, S/o Late Komal Roy, R/o vill - Chakmunjay, P.S. - Bihta, Distt. - Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 40 of 2024
Arising Out of PS. Case No.-88 Year-2023 Thana- NAANPUR District- Sitamarhi
======================================================
Mohammad Aman @ Amanat Ansari Son Of Md. Afjal Ansari Resident Of Village - Nanpur, P.S. - Nanpur, District - Sitamarhi. Under Guardianship Of Md. Afzal Ansari @ Md. Afzal, Son Of Late Jahangir, Resident Of Village - Nanpur, P.S. - Nanpur, District - Sitamarhi
... ... Petitioner/s
Versus
... ... Respondent/s
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 2/31
======================================================
with
CRIMINAL REVISION No. 107 of 2024
Arising Out of PS. Case No.-26 Year-2022 Thana- D.R.I District- Patna
======================================================
Manik Chand Kumar S/O Kusheshwar Yadav Resident Of Dayalchak, Ps.N.T.P.C. Barh, Distt.- Patna,Though His Father And Legal Guardian Kusheshwar Yadav (Male) Aged About 59 Years S/O Hariyadav, Resident Of Dayalchak, Ps.- N.T.P.C. Barh, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 160 of 2024
Arising Out of PS. Case No.-796 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur
======================================================
Abhishek kumar @ alex s/o dablu choudhary r/o village- dimha, p.s- gopalpur (naugachhia), distt.- Bhagalpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 161 of 2024
Arising Out of PS. Case No.-378 Year-2023 Thana- DUMRA District- Sitamarhi
======================================================
Muskan Kumar @ Roshan Kumar S/o Fekan Ram R/o vill - Azamgardh, Lagma, ward no. 05, P.S. - Dumra, Distt. Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 219 of 2024
Arising Out of PS. Case No.-436 Year-2022 Thana- NARPATGANJ District- Araria
======================================================
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 3/31
Suman Kumar Yadav @ Suman Kr. Yadav @ Suman Yadav S/o Umesh Yadav R/o vill - Fatehpur, P.s. - Narpatganj, Distt. - Araria, Under guardianship of his maternal uncle namely Tarni Yadav
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 268 of 2024
Arising Out of PS. Case No.-438 Year-2022 Thana- BARAUNI District- Begusarai
======================================================
Ashish Kumar @ Prem @ Ashish @ Prem Kumar Son of Arvind Pathak @ Arbind Pathak @ Arvvind Pathak Resident of Village- Sabaura, Ward No. 12, P.S. Barauni, (Barauni Refinery O.P.), District- Begusarai. Through his father as a guardian namely Arvind Pathak @ Arbind Pathak @ Arvvind Pathak male aged about 51 years, Son of Shiv Kumar Pathak, Resident of VillageSabaura, Ward No. 12, P.S.- Barauni, (Barauni Refinery O.P.), DistrictBegusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 278 of 2024
Arising Out of PS. Case No.-66 Year-2023 Thana- MAHILA PS District- Gaya
======================================================
Vikram @ Vikram Kumar S/O Subhash Chaudhary R/O Village- Bala Bigaha, P.S- Panchanpur (O.P.- Tikari), Distt.- Gaya.
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 300 of 2024
Arising Out of PS. Case No.-72 Year-2022 Thana- KOPA District- Saran
======================================================
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 4/31
Sahil Sharma @ Sahil Kumar son of Nitendra Sharma @ Nital Sharma Village- Bhatwalia Ps- Kopa Dist- Saran P/A- Bhatwalia Ps- Kopa DistSaran
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 302 of 2024
Arising Out of PS. Case No.-281 Year-2023 Thana- MASAUDHI District- Patna
======================================================
Shivam Sharma @ Shivam Kumar Son Of Rampratap Sharma Through His Mother Natural Guardian Nilam Devi Resident Of Village- Okari Chanhariya, Ps- Ghoshi, Dist- Jehanabad At P/A- Abdullah Nagar, Targana Dih, Ward No. 24, Ps- Masaurhi, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 310 of 2024
Arising Out of PS. Case No.-455 Year-2021 Thana- SIWAN CITY District- Siwan
======================================================
Chhotu @ Mainuddin @ Mainuddin Ali Son of Late Md. Serajuddin Resident of Village- Budurti Hata, Police Station- Siwan Muffasil, District- Siwan, under the Guardianship of his uncle namely Md. Taslim, @ Mohmmad Tasleim
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 332 of 2024
Arising Out of PS. Case No.-24 Year-2023 Thana- TEYAR District- Bhojpur
======================================================
Nitish Kumar (CICPL) Son of Vir Bahadur Yadav under the legal guardianship of his father, R/o Village- Tiyar, P.O.- Tiyar, P.S.- Tiyar, Dist.- Bhojpur
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 5/31
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 346 of 2024
Arising Out of PS. Case No.-431 Year-2022 Thana- MOTIHARI TOWN District- East Champaran
======================================================
Md. Sameer Son of Raju Miya @ Jamil Ahmad Resident of Village- Miscot, P.S- Motihari Town, Dist- East Champaran through his Mother/Guardian -Jarina Khatun age- 45, Wife of Raju Miya @ Jamil Ahmad Resident of Village- Miscot , P.S- Town Motihari, Dist- East Champaran
... ... Petitioner/s
Versus
The State Of Bihar Patna
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 348 of 2024
Arising Out of PS. Case No.-39 Year-2023 Thana- MAHILA PS District- Aurangabad
======================================================
SUBHAM KUMAR @ KALUA SON OF SHREE RAMJEE SINGHE RESIDENT OF VILLAGE - BHARWAR, P.S. - MUFASSIL, DISTRICT - AURANGABAD
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 395 of 2024
Arising Out of PS. Case No.-728 Year-2023 Thana- MANER District- Patna
======================================================
Golu Kumar S/o Raj Kumar @ Raj Kumar Ray R/o vill - Dautpur, P.S. - Sahpur, Distt. - Patna, under guardianship of father Raj Kumar @ Raj Kumar Ray, s/o Dayanand Ray, R/o vill- Daudpur Bagicha, ward no. 2, P.s. - Sahpur, Distt. - Patna
... ... Petitioner/s
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 6/31
Versus
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 402 of 2024
Arising Out of PS. Case No.-258 Year-2023 Thana- PUNAURA District- Sitamarhi
======================================================
Purushottam Kumar Son of Umesh Kumar @ Umesh Rai R/O GOPNATHPUR, P.S.- DUMRA, Dist.- SITAMARHI. PURSHOTTAM KUMAR IS UNDER GUARDIANSHIP OF RAMNANDAN RAY, AGED ABOUT 55 YEARS, MALE, S/O LATE MAHENDRA RAY WHO IS THE GRAND-FATHER OF THE PETITIONER.
... ... Petitioner/s
Versus
The State of Bihar PATNA
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 423 of 2024
Arising Out of PS. Case No.- Year-0 Thana- District- Nawada
======================================================
Md. Sahid Jamal Mallik son of Late Jamal Mallik R/o- B- 607 Milouni CHC limited, Near Fire Station Flat No-109, Sec-27, Nerula Navi Mumbai Mumbai
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 426 of 2024
Arising Out of PS. Case No.-29 Year-2022 Thana- MAHILA PS District- Aurangabad
======================================================
SUMIT KUMAR CHAUDHARY SON OF SANJAY CHAUDHARI RESIDENT OF VILLAGE - BALUGANJ, P.S. - DIBRA, DISTRICT - AURANGABAD UNDER THE GUARDIANSHIP OF HIS FATHER SANJAY CHAUDHARY, AGED ABOUT 43 YEARS, SON OF
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 7/31
RAMCHANDRA CHAUDHARI, RESIDENT OF VILLAGE - BALUGANJ, P.S. - DIBRA, DISTRICT - AURANGABAD
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar
... ... Respondent/s
======================================================
with CRIMINAL REVISION No. 500 of 2024
Arising Out of PS. Case No.-332 Year-2023 Thana- PIPRA District- East Champaran
======================================================
PRINCE KUMAR S/O BASHISHT CHAUBEY R/O VILLAGE- SIRSIYA, P.S- PIPRA, DISTT.- EAST CHAMPARAN, MOTIHARI THROUGH NATURAL GUARDIAN OF PETITIONER NAMELY SHALI DEVI, WHO IS MOTHER OF THE PETITIONER.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 518 of 2024
Arising Out of PS. Case No.-154 Year-2023 Thana- BELSAND District- Sitamarhi
======================================================
Ankit Kumar Son of Bashudev Das @ Vasdev Das Resident of Marar, Ward No. 2, P.S.- Belsand, District- Sitamarhi.
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 535 of 2024
Arising Out of PS. Case No.-196 Year-2023 Thana- PIRPAINTI District- Bhagalpur
======================================================
NAYAN KUMAR @ NAYAN KUMAR SINGH @ NK @ NKS S/O BASUKI SINGH R/O VILLAGE- PIRPAINTI, P.S- BAKHARPUR, DISTT.BHAGALPUR UNDER GUARDIANSHIP OF HIS FATHER NAMELY BASUKI SINGH S/O LATE BALDEV SINGH, R/O VILLAGEPIRPAINTI, P.S- BAKHARPUR, DISTT.- BHAGALPUR.
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 8/31
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 560 of 2024
Arising Out of PS. Case No.-274 Year-2023 Thana- DELHA District- Gaya
======================================================
Shubham Kumar S/o Shambhu Yadav R/o vill - English, P.S. - Chandauti, Distt. - Gaya
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
with CRIMINAL REVISION No. 582 of 2024
Arising Out of PS. Case No.-59 Year-2024 Thana- OBRA District- Aurangabad
======================================================
PRINCE KUMAR @ GOLU SON OF ANUJ SINGH RESIDENT OF VILLAGE - UKURHMI, P.S. - OBRA, DISTRICT - AURANGABAD (BIHAR), UNDER GUARDIANSHIP OF HIS GRANDFATHER NAMELY RAMADHAR SINGH, SON OF FIRANGI SINGH, RESIDENT OF VILLAGE - UKURHMI, P.S. - OBRA, DISTRICT - AURANGABAD (BIHAR)
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 585 of 2024
Arising Out of PS. Case No.-352 Year-2023 Thana- SULTANGANJ District- Bhagalpur
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 9/31
======================================================
Chotu Kumar S/O Shiv Tanti @ Shiv Nandan Tanti Under the guardianship of his father namely Shiv Tanti @ Shiv Nandan Tanti, R/O Village-Ghat Road Tanti Tola,P.S.-Sultanganj, Distt-Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 650 of 2024
Arising Out of PS. Case No.-251 Year-2023 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Mudassir Alam (Child in conflict with law) Son of Md. Akhtar @ Akhtar Alam Resident of Bhagal, P.S. - Kochadhaman, District Kishanganj. Under guardianship of his mother Mohasina Khatoon @ Mohsina Begum, aged about 45 years, female, wife of Md. Akhtar @ Akhtar Alam, Resident of Bhagal, P.S. - Kochadhaman, District - Kishanganj
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 806 of 2024
Arising Out of PS. Case No.-6 Year-2024 Thana- BIRUPUR District- Lakhisarai
======================================================
Bangali Kumar @ Raish @ Bangali @ Raahish Kumar Son of Ram Ekbal Mahto R/O-Village- Kamarpur, P.S.- Birpur, District- Lakhisarai under the guardianship of his father namely Ram Ekbal Mahto, R/O village - Kamarpur, P.S. - Birupur, Dist- lakhisarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Respondent/s
======================================================
with
CRIMINAL REVISION No. 847 of 2024
Arising Out of PS. Case No.-1571 Year-2023 Thana- DANAPUR District- Patna
======================================================
Samarjeet Kumar @ Sam Son of Sri Balram Paswan Through Natural Guardianship of his Father Balram Paswan Village- Bhagwanpur Prabhat Nagar PS- Muzaffarpur Dist -Muzaffarpur
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 10/31
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Respondent/s
| ===================== Appearance : |
================================= |
|---|---|
| (In CRIMINAL REVISION No. | 592 of 2023) |
For the Petitioner/s : |
Mr. Manoj Kumar Jha, Advocate |
| For the Respondent/s : |
Mr. Aditya Narayan Singh-1, APP |
| For the Informant : |
Md. Fazle Karim, AC to SC-1 |
| (In CRIMINAL REVISION No. | 808 of 2023) |
| For the Petitioner/s : |
Mr. Ashok Kumar Sinha, Advocate |
| For the Respondent/s : |
Mr. Umesh Lal Verma, APP |
| (In CRIMINAL REVISION No. | 40 of 2024) |
| For the Petitioner/s : |
Mr. Dinesh Jha, Advocate |
| For the Respondent/s : |
Mr.Lalan Kumar, APP |
| (In CRIMINAL REVISION No. | 107 of 2024) |
| For the Petitioner/s : |
Mr.Anuj Kumar |
| For the Respondent/s : |
Mr.Bharat Bhushan |
| (In CRIMINAL REVISION No. | 160 of 2024) |
| For the Petitioner/s : |
Mr.Ankit Raj |
| For the Respondent/s : |
Mr.Pranav Kumar |
| (In CRIMINAL REVISION No. | 161 of 2024) |
| For the Petitioner/s : |
Mr.Deovind Kumar Singh |
| For the Respondent/s : |
Mr.Satyendra Narayan Singh |
| (In CRIMINAL REVISION No. | 219 of 2024) |
| For the Petitioner/s : |
Mr.Kundan Kumar Singh |
| For the Respondent/s : |
Mr.Narendra Kumar Singh |
| (In CRIMINAL REVISION No. | 268 of 2024) |
| For the Petitioner/s : |
Mr.Sandip Kumar Gautam |
| For the Respondent/s : |
Mr.Damodar Prasad Tiwary |
| (In CRIMINAL REVISION No. | 278 of 2024) |
| For the Petitioner/s : |
Mr.Raju Kumar |
| For the Respondent/s : |
Mr.Binod Kumar |
| (In CRIMINAL REVISION No. | 300 of 2024) |
| For the Petitioner/s : |
Mr.Vipin Kumar Singh |
| For the Respondent/s : |
Mr.Rajendra Nath Jha |
| (In CRIMINAL REVISION No. | 302 of 2024) |
| For the Petitioner/s : |
Mr.Arvind Kumar |
| For the Respondent/s : |
Mr.Anil Kumar |
| (In CRIMINAL REVISION No. | 310 of 2024) |
| For the Petitioner/s : |
Mr.Javed Aslam |
| For the Respondent/s : |
Mr.Ajit Kumar |
| (In CRIMINAL REVISION No. | 332 of 2024) |
| For the Petitioner/s : |
Mr.Awadhesh Kumar Mishra |
| For the Respondent/s : |
Mr.Sanjay Kumar Tiwary |
| (In CRIMINAL REVISION No. | 346 of 2024) |
For the Petitioner/s : |
Mr.Abhishek Kumar |
| For the Respondent/s : |
Mr.Shantanu Kumar |
(In CRIMINAL REVISION No. |
348 of 2024) |
| For the Petitioner/s : |
Mr.Anuj Kumar |
| For the Respondent/s : |
Mr.Sadanand Paswan |
| (In CRIMINAL REVISION No. | 395 of 2024) |
| For the Petitioner/s : |
Mr.Sanjay Kumar |
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 11/31
For the Respondent/s : Mr.Shantanu Kumar (In CRIMINAL REVISION No. 402 of 2024) For the Petitioner/s : Mr.Ajay Kumar Singh No. I For the Respondent/s : Mr.Raj Ballabh Singh (In CRIMINAL REVISION No. 423 of 2024) For the Petitioner/s : Mr.Rajesh Kumar Sinha For the Respondent/s : Mr.Nand Kishore Prasad (In CRIMINAL REVISION No. 426 of 2024) For the Petitioner/s : Mr.Sudhir Kumar Sinha For the Respondent/s : Mr.Ramesh Chandra (In CRIMINAL REVISION No. 500 of 2024) For the Petitioner/s : Mr.Sharda Nand Mishra For the Respondent/s : Mr.Arun Kumar Singh (In CRIMINAL REVISION No. 518 of 2024) For the Petitioner/s : Mr.Amrendra Kumar For the Respondent/s : Mr.Pawan Kumar Chaurasia (In CRIMINAL REVISION No. 535 of 2024) For the Petitioner/s : Mr.Shivendra Prasad For the Respondent/s : Mr.Binay Krishna (In CRIMINAL REVISION No. 560 of 2024) For the Petitioner/s : Mr.Amit Kumar Singh For the Respondent/s : Mr.Surendra Kumar (In CRIMINAL REVISION No. 582 of 2024) For the Petitioner/s : Mr.Aman Vishal For the Respondent/s : Mr.Tarun Prasad Mandal (In CRIMINAL REVISION No. 585 of 2024) For the Petitioner/s : Mr.Rajive Ranjan Singh For the Respondent/s : Mr.Vinod Shanker Modi (In CRIMINAL REVISION No. 650 of 2024) For the Petitioner/s : Mr.Raghwendra Pratap Singh For the Respondent/s : Mr.Anita Kumari (In CRIMINAL REVISION No. 806 of 2024) For the Petitioner/s : Mr.Chandan Kumar Verma For the Respondent/s : Mr.Md. Aslam Ansari (In CRIMINAL REVISION No. 847 of 2024) For the Petitioner/s : Mr.Sunil Kumar Pathak For the Respondent/s : Mr.Anand Mohan Prasad Mehta ======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL JUDGMENT
Date : 27-01-2025
These batches of writ petitions involve identical questions of fact and law therefore, the aforesaid writ petitions are decided by a common judgment. In all the writ petitions the petitioner on the date of commission of the offense was a juvenile in conflict with the law after their arrest they prayed for
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 12/31
bail before the Juvenile Justice Board, and the prayer for bail was rejected the petitioner preferred to appeal before the Learned Special Judge, Children’s court in their respective jurisdiction. By impugned orders, and appeal being dismissed the petitioners have preferred the above-mentioned writ petitions.
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 13/31
of the IPC. It is ascertained from the facts mentioned in the petition that the petitioner was not mentioned in the FIR and he was arrested in connection with the above-mentioned case based on a statement made by the co-accused under section 164 of Crpc. The petitioner was also not produced in the TI Parade for identification. He has been in custody since 10th October 2022. In criminal revision no. 40/ 2024, the Petitioner was arrested in connection with Nanpur case number 88/2023 under Section 376(a)(b)/ 354 IPC and Section 4/6 of the POCSO Act for committing the offence of rape upon a minor aged about 4 years. The petitioner was not named in the FIR. On the date of commission of the alleged offence, he was aged about 13 years and a few months. It is alleged that the Petitioner was unlawfully implicated in the aforesaid case.
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 14/31
was arrested in connection with Kolwari (jogsar) P.S. Case No. 796 of 2023 registered under Section 376D/120B/34 of IPC and Section 4/6 of the POCSO Act for committing the offence of rape upon a minor aged 15 years. On the date of commission of the alleged offence, he was aged about 17 years 8 months, and a few days. He has been in custody since 28.08.2023.
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 15/31
15.10.2022.
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 16/31
IPC along with Section 4,6,8 of POSCO Act for committing rape upon the minor girl aged 12 years. The petitioner has been in remand home since 09.04.2023 and his name is not mentioned in the FIR.
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 17/31
aged about 25 years. On the date of commission of the alleged offence, he was aged about 16 years and a few months as declared by the JJ Board. The petitioner has been in custody since 08.10.2023.
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 18/31
for the offence under section 341,323,376AB and 4/6 POCSO Act for rape of a minor aged 12 years. The petitioner was between 16 to 18 years old on the day of occurrence as declared by the JJ Board. It is alleged that the Petitioner was unlawfully implicated in the aforesaid case. The petitioner has been in observation home since 25.10.2023.
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 19/31
16.09.2023.
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 20/31
No. 352/2023 registered under Section 25(1-b)a/26/35 of the Arms Act and Section 22 and 29 of NDPS Act. The petitioner alleges that the Petitioner is innocent and has committed no offence and has been falsely dragged in this case due to village politics. Petitioner puts forth that on a bare perusal of the seizure list no compliance of Section 100(2) or 100(8) of the CrPC by the police officials so no case of Arms Act has been made against the Petitioner. The age of the Petitioner has been assessed near to 17 years and some months. The petitioner has been in custody since 04.07.2023.
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 21/31
attempt of murder of a minor girl aged 16 years. The Petitioner claims that he has been dragged into this case falsely due to an internal dispute between the families. Petitioner alleges that the deceased girl and the Petitioner were the residents of the same village and some love affair was involved between them and hence the family of the deceased implicated the Petitioner in this case wrongfully. The Petitioner was aged about 17 years and a few months on the date of the incident. The CICL has been in custody since 21.02.2024.
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 22/31
The CICL is in custody since 15.12.2023.
(i) the CICLs were involved in committing heinous offence; and
(ii) if the Court holds that the petitioners are entitled to get the benefit of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, then the purpose of the Act could be defeated;
(iii) the victims have also equal right to get justice and the parameter of consideration of bail in heinous offence is not the same as that of other non-bailable, cognizable offences;
(iv) the Social Investigation Reports filed by the Probation Officers revealed that the CICLs were grown up in their respective families where their parents failed to control them from mixing up with the ante-social elements and criminals of the locality. There is every chance that if they are released on bail, they will again befriend with criminal minded young man and goons. Parents are natural guardians of the petitioners will not be able to control them and their release is
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 23/31
likely to bring them into the association of the known criminals and they expose them to moral, physical and psychological danger or the persons released would defeat the ends of justice.
In almost all the impugned orders, the Courts of Appeal recorded the proviso of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and rejected the prayer for bail.
“3(i) Principles of Presumption of Innocence: Any child shall be presumed to be an innocent of any malafide or criminal intent upto the age of 18 years.
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 24/31
3(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.
3(v) Principle of Family Responsibility: The primary responsibility of care, nurture and protection of child shall be that of the biological family or adoptive or first aid parents, as the case may be.
3(xiv) Principle of fresh start: All past records of any child under the Juvenile Justice System should be erased except in special circumstances.
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 25/31
there is also no report that the parents or other family members of the petitioners were engaged in criminal activities and there is specific chance of the petitioners that if they are released on bail they would come to the association of non-criminals.
“12(1) When any person, who is apparently a child and is alleged to have been 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.”
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 26/31
Patna High Court CR. REV. No.592 of 2023 dt.27-01-2025 27/31
observed that “as regards the first exception, before it can be invoked to deny bail to a juvenile, there must be a reasonable ground for believing that his release is likely to bring him into association with known criminals. The expression “known criminal” is not without significant when the liberty of a juvenile is sought to be curtailed by employing the exception, the exception must be construed strictly. Therefore, before this exception is invoked, the prosecution must identify the “known criminals” and thereafter the Court must have reasonable grounds to believe that the juvenile, if released, would associate with this “known criminals”. It cannot be generally observed that the release of the juvenile would bring him into association with criminals without identifying the criminal and without returning a prima-facie finding with regard to the nexus between the juvenile and such criminals.
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been filed in almost all of the reports it is stated by Probation Officer that if the CICLs are released on bail they may get the chance of mixing with the criminal elements of the locality and this would defeat the ends of justice.
“23. ‘Form-6’ of The Juvenile Justice (Care and Protection of Children) Model Rules, 2016, contains a detailed proforma of the social investigation report. The report has three parts; the first part requires the Probation Officer to give the data or information regarding the close relatives in the family, delinquency records of the family, social and economic status, ethical code of the family, attitude towards religion, relationship amongst the family members, the relationship with the parents, living conditions etc. Thereafter, the report requires the Probation Officer to provide the child's history regarding his mental condition, physical condition, habits, interests, personality traits, neighbourhood,
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neighbours’ report, and school, employment, if any, friends, the child being subject to any form of abuse, circumstances of apprehension of the child, mental condition of the child. The most important part of the report is the third part i.e. the result of inquiry where the Probation Officer is required to inform the Board about the emotional factors, physical condition, intelligence, social and economic factors, suggestive cause of the problems, analysis of the case including reasons/contributing factors for the offence, opinion of experts consulted and recommendation regarding rehabilitation by the Probation Officer/Child Welfare Officer. It is incumbent upon the Juvenile Justice Board to take into consideration the social investigation report and make an objective assessment of the reasonable grounds for rejecting the bail application of the juvenile.”
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aggravated offence that shocks the conscience of the society.
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Accordingly, the criminal revisions are dismissed on contest, however, there shall be no order as to cost.
(Bibek Chaudhuri, J)
mdrashid/-
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2 issues framed by the court
Whether juveniles in conflict with law denied bail under Section 12 of the JJ Act for heinous offences were rightly refused bail by the Special Judges, Children's Courts.
Whether gravity of heinous offences like rape and murder can outweigh the presumption of innocence and statutory rule in favour of bail under Section 12.
Colour shows how this judgement treated each authority
Lalu Kumar @ Lal Babu @ Lallu Vs. The State of BiharRelied on¶34
2019(4) PLJR 833
Nand Kishore (in JC) Vs. StateRelied on¶36
(2006) 4 RCR (Crl.) 754
Juvenile X through his father Vs. State of U.P. and Anr.Relied on¶38
2021 SCC Online All 1091 · Who else cites this
4 provisions across 1 enactments
Md. Arshad @ Arshad Ali @ Md. Arshad Ali S/O Masruddin R/O Village Ramnagar, Ps. Amour, Dist. Purnia
The State of Bihar
Bibi Nagma Khatoon W/O Md. Kasim
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
