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

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

What the court decided

AI extract

Outcome

Revision petition allowed: the order dated 11.06.2024 of the Juvenile Justice Board, Madhubani and the judgment/order dated 26.09.2024 of the Additional Sessions Judge-cum-Special Judge (Children Court), Madhubani in Juvenile Appeal No. 20 of 2024 are set aside, and the petitioner/CICL is directed to be released on bail on a bond of Rs.10,000/- with two like sureties, subject to the conditions in ¶57-¶61.

Issue for consideration

Whether the criminal revision seeking setting aside of (i) the order dated 11.06.2024 of the Juvenile Justice Board, Madhubani rejecting bail to the petitioner/CICL and (ii) the judgment/order dated 26.09.2024 of the Additional Sessions Judge-cum-Special Judge (Children Court), Madhubani dismissing Juvenile Appeal No. 20 of 2024, should be allowed and the CICL released on bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 despite adverse findings in the Social Investigation Report.

Court's answer

Under Section 12 of the JJ Act, 2015, a CICL can be denied bail only where, on release, the child would come in contact with criminal elements, or there would be danger to his moral, physical and psychological well-being, or release would defeat the ends of justice; if these grounds are absent, bail cannot be denied to a CICL.

Ratio / Principle

The best interests and welfare of a child are of paramount importance.

Key takeaways

On a cumulative reading of Sections 12 and 3 of the JJ Act, 2015, the CICL shall be released on bail unless the record shows a chance of the child coming in contact with a known criminal or enlargement endangering his moral, physical or psychological well-being; the courts, being parens patriae, are to protect the best interest of the child and take steps for his reformation and rehabilitation.ratio¶¶53
From the record it does not transpire how the Social Investigation Report of the CICL gave adversarial findings; for reformatory measures, rehabilitation and the child's best interest, the best place is the house of the child, and keeping the CICL in an observation home would frustrate the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.ratio¶¶56

Detailed headnote1 paragraphs

Bail to a Child in Conflict with Law — Juvenile Justice (Care and Protection of Children) Act, 2015, S. 12 read with S. 3 (presumption of innocence, best interest, family responsibility, safety, non-stigmatising semantics, institutionalisation as a measure of last resort, repatriation and restoration) — Patna High Court (Arun Kumar Jha, J.), Criminal Revision No. 731 of 2025, decided 02-02-2026 — ALLOWED. The petitioner, a minor CICL (identity masked in the cause title), implicated in Babubarhi P.S. Case No. 21 of 2024 under S. 394 IPC and S. 27 of the Arms Act for an occurrence in which four motorcycle-borne miscreants fired upon the informant's Bolero Pickup en route from Malda to Barail (Madhubani), broke its windshield and snatched Rs. 4,500/-, had his bail prayer rejected by the Juvenile Justice Board, Madhubani (order dt. 11.06.2024), and his Juvenile Appeal No. 20 of 2024 dismissed by the Additional Sessions Judge-cum-Special Judge (Children Court), Madhubani (dt. 26.09.2024), reliance being placed on the Social Investigation Report (absence of discipline in the house, father working at Kolkata, and alleged association with criminals and participation in organized crime against the CICL's safety). Held: (i) under S. 12, a CICL can be denied bail only where release would bring him into contact with criminal elements, expose him to moral, physical or psychological danger, or defeat the ends of justice; (ii) the best interests and welfare of the child are of paramount importance, and courts, as parens patriae, must protect those interests and further reformation and rehabilitation; (iii) cumulatively, the CICL is entitled to release unless contact with a known criminal or danger to his well-being is shown; (iv) the record did not show how the Social Investigation Report produced 'adversarial findings', and detaining the CICL in an observation home would itself frustrate the Act, the best place for his reformation, rehabilitation and best interest being his own house. Accordingly, both impugned orders were set aside as unsustainable and the CICL was directed to be released on bail of Rs. 10,000/- with two sureties of the like amount each — one bailor a parent, the other a relative without criminal antecedent giving an undertaking of proper care and upkeep — subject to his remaining present before the Board on each and every date of trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.731 of 2025

Arising Out of PS. Case No.-21 Year-2024 Thana- BABUBARHI District- Madhubani

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

XXX S/o Jeebachh Yadav @ Jivach Yadav Being Minor represented through under guardian ship of her mother namely Ramkumari Devi, W/o Jeebachh Yadav @ Jivach Yadav, R/o vill - Godiyari, Barhampur, P.s.- Phulparas, DisttMadhubani.

... ... Petitioner/s

Versus

The State of Bihar

Ananda Karmokar S/o Chandan Karmokar R/o Vill- Barosaka, P.S. - English Bajar, Distt.- Malda, W.B

... ... Opposite Parties.

====================================================== Appearance : For the Petitioner/s : Mr. Dhirendra Kumar, Advocate Mr. Amrit Anunay, Advocate For the O.P.-State : Mr. Ram Bilash Roy Raman, APP For the O.P. No. 2 : Ms. Shruti Sinha, Advocate Mr. Suryakant Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

4 02-02-2026

Heard learned counsel for the petitioner and learned

APP for the State as well as learned counsel for the opposite party no. 2.

2. The instant criminal revision petition has been filed for setting aside the judgment/order dated 26.09.2024 passed by the learned Additional Sessions Judge-cum-Special Judge Children Court, Madhubani in Juvenile Appeal No. 20 of 2024, whereby and whereunder the learned appellate court dismissed the appeal and upheld the order dated 11.06.2024 passed by learned Juvenile Justice Board, Madhubani in Babubarhi P.S.

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Case No. 21 of 2024 registered under Section 394 of the Indian Penal Code and Section 27 of the Arms Act, by which the prayer for grant of bail to the petitioner/child in conflict with law (for short 'CICL') has been rejected.

3. Briefly stated, the facts of the case are that four miscreants riding two motorcycles surrounded the Bolero Pickup vehicle of the informant/opposite party no. 2 while he was going to Barail (Madhubani) from Malda and opened fire upon the vehicle. The miscreants broke the front windshield of vehicle of the opposite party no. 2 and snatched Rs. 4,500/from him. The name of the petitioner, who is the CICL, transpired during investigation for being involved in the alleged occurrence. The CICL moved before the learned Juvenile Justice Board, Madhubani for grant of bail but his prayer was rejected vide order dated 11.06.2024. The CICL preferred an appeal which also came to be dismissed vide judgment/order dated 26.09.2024 passed by the learned Additional Sessions Judge-cum Special Judge (Children Court), Madhubani. The CICL approached this Court against the aforesaid two orders.

4. Learned counsel for the petitioner submits that the petitioner/CICL submits that on the basis of school certificate, the age of petitioner was assessed to be 17 years 06 months and

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15 days on the day of occurrence and, as such, he was declared juvenile by the learned J.J. Board, Madhubani. Learned counsel further submits that the name of the petitioner transpired in this case on the basis of confessional statement of co-accused Pankaj Kumar and the petitioner/CICL was apprehended in Khutauna P.S. Case No. 19 of 2024 and thereafter, remanded in the present case on 09.05.2024 and since then the petitioner is in observation home. Learned counsel further submits that nothing incriminating has been recovered from the person or possession of this petitioner and no test identification parade has ever been done. Co-accused Raushan Kumar has been granted bail by a Co-ordinate Bench vide order dated 04.09.2024 passed in Criminal Misc. No. 60337 of 2024. Learned counsel further submits that even the co-accused Pankaj Kumar, who has named this petitioner, has been granted bail by another Co-ordinate Bench vide order dated 24.04.2025 passed in Criminal Appeal No. 790 of 2025. Learned counsel further submits the bail of the petitioner has been denied on the basis of Social Investigation Report that the petitioner is not in control of her mother and there was absence of moral and ethical value in his house and there was possibility of involvement of the petitioner in antisocial activities after his release. The mother of the petitioner is

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ready to give undertaking to take proper care of the petitioner after release on bail and shall not allow him to fall into bad company and would try to bring change in his behaviour, if required. Learned counsel further submits that keeping the petitioner in observation home would not serve any useful purpose and would not help in his proper development considering his age and it is not in the best interest of the petitioner who is CICL. Thus, the learned counsel submits that the order dated 11.06.2024 of the learned J. J. Board, Madhubani as well as order dated 26.09.2024 of the learned Additional Sessions Judge-cum-Special Judge (Children Court), Madhubani may be set aside.

5. Learned APP for the State as well as learned counsel for the opposite party no. 2 vehemently opposes the submission made on behalf of the petitioner. Learned counsel for the opposite party no. 2 submits that the petitioner is having antecedent of two cases for serious offences and he appears to be a habitual offender. Learned counsel further submits that the learned appellate court has taken note of the social investigation report wherein it has been mentioned that there was no discipline in the house of the CICL and his father remains outside at Kolkata in connection with his job. It has also been

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found that the CICL is in association with criminals and has been participating in organized crime and the same is against the safety of the CICL.

6. I have given my thoughtful consideration to the rival submission of the parties and perused the record.

7. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 provides 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 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:

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 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.

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(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.”

8. 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. In the present case, the bail has been denied on the ground that the CICL was in association with known criminals and has participated in organized crime. But the best interests and welfare of a child are of paramount importance.

9 . Now, at the same time, relevant portion of Section 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,

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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: 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

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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 reunited 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)...”

10. 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.

11. From the record, it does not transpire how the social investigation report of the CICL gave adversarial findings. The CICL is in observation home since 09.05.2024 and his best interest is paramount importance. For reformatory measures and rehabilitation and to protect the best interest of the

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child, the best place could be the house of the child and keeping such CICL in observation home would frustrate the provision of Juvenile Justice (Care and Protection of Children) Act, 2015. Therefore, the conclusions arrived at by the learned Juvenile Justice Board, Madhubani as well as learned Additional Sessions Judge-cum-Special Judge, Children Court, Madhubani are not sustainable and hence, the impugned judgment/order the order dated 11.06.2024 passed by learned Juvenile Justice Board, Madhubani in Babubarhi P.S. Case No. 21 of 2024 and the judgment/order dated 26.09.2024 passed by the learned Additional Sessions Judge-cum-Special Judge (Children Court), Madhubani in Juvenile Appeal No. 20 of 2024 and, are hereby set aside.

12. Let the petitioner, a child in conflict with law, shall be released on bail, on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Madhubani/concerned court in connection with Babubarhi P.S. Case No. 21 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

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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.

13. Accordingly, the present revision petition is

allowed.

(Arun Kumar Jha, J)

Ashish/-

U T

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment/order dated 26.09.2024 of the learned Additional Sessions Judge-cum-Special Judge (Children Court), Madhubani in Juvenile Appeal No. 20 of 2024 dismissing the CICL's appeal and upholding the order dated 11.06.2024 of the Juvenile Justice Board, Madhubani rejecting the petitioner/CICL's prayer for bail.¶¶14
Additional Sessions Judge-cum-Special Judge (Children Court), Madhubani (upholding Juvenile Justice Board, Madhubani) · 26.09.2024
Prior proceeding
Registration of FIR: Babubarhi P.S. Case No. 21 of 2024 (District Madhubani) registered under Section 394 IPC and Section 27 of the Arms Act.¶¶16
Prior proceeding
Alleged occurrence: four miscreants on two motorcycles surrounded the informant/opposite party no. 2's Bolero Pickup while he was travelling from Malda to Barail (Madhubani), opened fire, broke the front windshield and snatched Rs. 4,500/- from him.¶¶17
Prior proceeding
Implication of petitioner: his name transpired during investigation on the basis of the confessional statement of co-accused Pankaj Kumar (as submitted by counsel).¶¶20
Prior proceeding
Apprehension and remand: petitioner apprehended in Khutauna P.S. Case No. 19 of 2024, thereafter remanded in the present case on 09.05.2024 and lodged in an observation home since then.¶¶20
Prior proceeding
First instance decision: prayer for grant of bail before the Juvenile Justice Board, Madhubani rejected vide order dated 11.06.2024 in Babubarhi P.S. Case No. 21 of 2024.¶¶17
Prior proceeding
Appellate stage: Juvenile Appeal No. 20 of 2024 dismissed vide judgment/order dated 26.09.2024 by the learned Additional Sessions Judge-cum-Special Judge (Children Court), Madhubani.¶¶17
Prior proceeding
Parity fact submitted by counsel: co-accused Raushan Kumar granted bail by a Co-ordinate Bench vide order dated 04.09.2024 in Criminal Misc. No. 60337 of 2024.¶¶20
Prior proceeding
Parity fact submitted by counsel: co-accused Pankaj Kumar, who named the petitioner, granted bail by another Co-ordinate Bench vide order dated 24.04.2025 in Criminal Appeal No. 790 of 2025.¶¶20