Abhishek Kumar @ Alex v. the State of Bihar
Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 12
Case brief
What is this about?
Patna High Court, Bibek Chaudhuri, J., 27-01-2025 — common judgment in 28 criminal revisions (lead matter Crl. Rev. 592/2023, Md. Arshad @ Arshad Ali v. The State of Bihar; 24 matters individually discussed in the body) on bail of juveniles in conflict with law under Section 12, JJ Act 2015, after rejection by Juvenile Justice Boards and dismissal of appeals by Special Judges, Children's Courts. Key holdings: bail of a CICL is the rule, refusal the exception; bail not decided by bailable/non-bailable classification; refusal only in four circumstances, including accusation of an aggravated offence shocking the conscience of society (rape of minor girls including a 4-year-old, murder, NDPS, Arms Act, SC/ST Act offences). Relied on Lalu Kumar 2019(4) PLJR 833; Nand Kishore (2006) 4 RCR (Crl.) 754; Juvenile X 2021 SCC Online All 1091. Revisions dismissed; impugned orders affirmed; no order as to cost.