Jharkhand High Court
Juvenile "X" Through His Father vs The State Of Jharkhand ... Opposite ... on 19 August, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
( 2025:JHHC:24238 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 686 of 2025
1. Juvenile "X" through his father
2. Juvenile "Y" through his father ... Petitioners
-Versus-
The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners : Mr. Altamash Khan, Advocate
For the State : Mr. Bhola Nath Ojha, Spl.P.P.
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07/19.08.2025 Heard Mr. Altamash Khan, learned counsel appearing for the
petitioners and Mr. Bhola Nath Ojha, learned counsel appearing for the State.
2. In this criminal revision petition, the prayer is made for setting-aside
the judgment dated 21.02.2025 passed in Criminal Appeal No.03/2025 by the
learned Additional Sessions Judge-I, Lohardaga cum Special Judge, Children
Court, Lohardaga, whereby, the appeal preferred by the petitioner has been
rejected and the order dated 20.12.2024 passed by the learned Juvenile
Justice Board, Lohardaga in connection with Kuru P.S. Case No.112/2024,
corresponding to G.R. No.61/2025, registered for the offences under Sections
25(1-B)a, 26, 35 of the Arms Act has been affirmed by the learned appellate
court.
3. Learned counsel for the petitioners submits that the petitioners are
having no criminal antecedents. He submits that the petitioners are being
represented through their fathers. He further submits that there is no adverse
remark against the petitioners in Social Investigation Report, which has also
been considered by the learned appellate court. He submits that both the
petitioners are aged about 16 years and they remained in custody since
15.11.2024. He submits that the petitioners moved before the Juvenile Justice
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Board, Lohardaga in Miscellaneous Criminal Application No.1750/2024, which
has been rejected vide order dated 20.12.2024 and against that order, the
petitioner moved before the learned appellate court by filing Criminal Appeal
No.03/2025, which has been dismissed vide judgment dated 21.02.2025. He
further submits that both the learned Courts have rejected the prayer for bail
of the petitioner only on the ground of gravity of crime. He submits that
Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015
has not been appreciated by both the learned Courts. He submits that the
fathers of both the petitioners are ready to give undertaking that they will
keep the petitioners away from anti-social elements. On these grounds, he
submits that the petitioners may kindly be granted bail.
4. Learned counsel for the State submits that there is recovery of country
made pistol from the possession of petitioner no.2. He submits that in view
of that, both the learned Courts have rightly rejected the bail application of
the petitioners.
5. In light of Section 12 of the Juvenile Justice (Care and Protection of
Children) Act, 2015, refusal of bail can be only on following three grounds:
(i) If there appear reasonable grounds for believing that the release
is likely to bring that person into association with any known
criminal;
(ii) Expose the said person to moral, physical or psychological
danger; or
(iii) The person's release would defeat the ends of justice.
6. From perusal of Section 12 of the said Act, it also transpires that
seriousness of the alleged offence or the age of the juvenile are also no
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relevant consideration for denial of bail above 16 years of age and is alleged
to have committed a heinous offence is also entitled to get bail under section
12 of the Act, 2015. There is no classification, whatsoever, provided in Section
12 of the Act, 2015 with regard to grant of bail. Section 12 of the Act is
applicable to all juveniles in conflict with law without any discrimination of
any nature.
7. In view of the above, this Court is satisfied that the reasoning and
conclusion of the learned appellate court as well as Juvenile Justice Board of
rejecting the bail application of the petitioners on the ground that the arms
have been recovered, does not sound to be good.
8. In that view of the matter, the judgment dated 21.02.2025 passed in
Criminal Appeal No.03/2025 by the learned Additional Sessions Judge-I,
Lohardaga cum Special Judge, Children Court, Lohardaga and the order dated
20.12.2024 passed by the learned Juvenile Justice Board, Lohardaga in
connection with Kuru P.S. Case No.112/2024, corresponding to G.R.
No.61/2025 are, hereby, set-aside.
9. Let the revisionists who are in observation home since 15.11.2024 be
released on bail via assurance and surety given by their natural
guardian/father, in Kuru P.S. Case No.112/2024, corresponding to G.R. No.
61/2025 after furnishing personal bonds on their fathers with two sureties of
their relatives each in the like amount to the satisfaction of Juvenile Justice
Board, Lohardaga, subject to the following conditions:
(i) Natural guardian/fathers will furnish undertaking that upon
release on bail the revisionists will not be permitted to go into
contact or association with any known criminal or allowed to be
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exposed to any moral, physical, or psychological danger and
further that the fathers will ensure that the juveniles will not
repeat the offence;
(ii) Natural guardian/fathers will further furnish undertaking to the
effect that the juveniles will pursue their study at the appropriate
level which they would be encouraged to do besides other
constructive activities and not be allowed to waste their time in
unproductive and excessive recreational pursuits;
(iii) Juveniles and natural guardian/fathers will report to the
Probation Officer on the first Monday of every calendar month
commencing with the first Monday of September, 2025, and if
during any calendar month the first Monday falls on a holiday,
then on the following working day; and
(iv) The Probation Officer will keep a strict vigil on the activities of
the juveniles and regularly draw up their social investigation
report that would be submitted to the Juvenile Justice Board,
Lohardaga, on such a periodical basis as the Juvenile Justice
Board may determine.
10. Accordingly, this criminal revision petition is allowed and disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
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