Ranjit Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Ranjit Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed and order dated 24.06.2025 set aside; appellant (juvenile) to be released on bail on bail bond of Rs. 10,000/- with two sureties of the like amount each before the learned Special Judge, Children's Court-cum-District & Addl. Sessions Judge-1st, Sitamarhi, subject to conditions that one bailor be his father, that the father file an affidavit undertaking proper care and prevention of bad company, and that the appellant co-operate in the Children's Court trial, failing which bail bonds shall be cancelled.

Issue for consideration

Whether the appellant, a child in conflict with law held to be juvenile, should be released on bail under the Juvenile Justice (Care and Protection of Children) Act, 2015 notwithstanding the order dated 24.06.2025, counsel contending that the court below had not considered the law on release of juveniles.

Court's answer

The application is allowed and the order dated 24.06.2025 is set aside.

Ratio / Principle

The appellant is directed to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Children's Court-cum-District & Addl. Sessions Judge-1st, Sitamarhi, subject to conditions.

Key takeaways

Bail is made subject to conditions: (i) one bailor must be the father of the appellant; (ii) the father must file an affidavit giving a specific undertaking that after release he will take proper care of the appellant and not allow him to fall into bad company; and (iii) the appellant will co-operate in the trial in the Children's Court, appearing personally or through his lawyer, default entailing cancellation of his bail bonds.ratio¶¶23

Detailed headnote1 paragraphs

Juvenile bail — child in conflict with law — Juvenile Justice (Care and Protection of Children) Act, 2015, Ss. 3(i), (iv), (v), (xiv) and 12 relied on by counsel — appellant (brother-in-law (devar) of the deceased; PS Case No. 320 of 2024, P.S. Bajpatti, District Sitamarhi) held to be juvenile and assessed below eighteen years on the date of occurrence; in custody since 19.02.2025; counsel contended bail is a rule for juveniles and its denial an exception, and that the court below had not considered the law on release of juveniles — Sandeep Kumar, J. allowed the application, set aside the order dated 24.06.2025, and directed release on bail on a bail bond of Rs. 10,000/- with two sureties of like amount each before the learned Special Judge, Children's Court-cum-District & Addl. Sessions Judge-1st, Sitamarhi, subject to conditions: one bailor to be the appellant's father; the father to file an affidavit undertaking proper care and keeping the appellant away from bad company; and the appellant to co-operate in the Children's Court trial personally or through his lawyer, any default resulting in cancellation of the bail bonds.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4076 of 2025

Arising Out of PS. Case No.-320 Year-2024 Thana- BAJPATTI District- Sitamarhi

======================================================

Ranjit Kumar S/o Bhola Sah through under guardianship R/o Village - Mohamadpur, Ward no - 04, P.S - Bajpatti, District - Sitamarhi

... ... Appellant/s

Versus

The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Devendra Kumar For the Respondent/s : Mr.Syed Ehteshamuddin ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

3 05-01-2026

Heard learned counsel for the appellant and learned

APP for the State.

The present application has been filed on behalf of the appellant

As per the prosecution case, the appellant is the brother-in-law ( devar ) of the deceased.

Learned counsel for the appellant has submitted that the petitioner has been held to be juvenile and on the date of occurrence he has been assessed to be less than eighteen years.

Learned counsel for the appellant further relies upon the provisions of the Section 3(i), (iv), (v) and (xiv) of the Juvenile Justice (Care and Protection of Children) Act, 2015. He also relies upon Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and has submitted that bail is

Patna High Court CR. APP (SJ) No.4076 of 2025(3) dt.05-01-2026 2/3

a rule and denial of bail to a juvenile is an exception.

He further submits that though the appellant is a child in conflict with law but he has remained in jail since 19.02.2025 and the Court below has not considered the law with regard to the release of juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2015.

Learned counsel for the appellant further submits that family members of the appellant including the father of the petitioner will take care of the appellant so that he may not do any further crime and he may not remain in the company of the criminals.

Considering the aforesaid facts, this application is allowed and the order dated 24.06.2025, is hereby set aside.

Let the appellant, above named, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, Children’s Court-cum-District & Addl. Sessions Judge-

1^st , Sitamarhi, Bihar, subject to the following conditions:-

(i) that one of the bailors should be the father of the appellant.

(ii) that the father of the appellant shall file an affidavit before the concerned Court below, giving specific undertaking that after release of the appellant on bail, he will take proper care of the appellant and will not allow

Patna High Court CR. APP (SJ) No.4076 of 2025(3) dt.05-01-2026 3/3

him to fall into bad company.

(iii) The appellant will co-operate in the trial in the Children Court. He will appear personally or through his lawyer. Any default in the same will result in the cancellation of the bail bonds of the appellant.

(Sandeep Kumar, J)

tusharika/-

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