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Jharkhand High Court

Juvenile 'X' Through His Mother vs The State Of Jharkhand .... Opposite ... on 16 February, 2026

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                                                                         2026:JHHC:4427




               IN THE HIGH COURT OF JHARKHAND, RANCHI
                       Criminal Revision No. 79 of 2026
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Juvenile 'X' through his mother .... Petitioner

-- 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 Petitioner :- Mr. Ankit Kumar, Advocate For the State :- Mr. Abhay Kr. Tiwari, Advocate

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04/16.02.2026 Heard learned counsel appearing for the petitioner

and learned counsel appearing for the State.

2. This criminal revision has been preferred challenging the

legality, propriety and correctness of the judgment dated

10.11.2025 passed by learned Additional Sessions Judge-I-cum-

Children Court, Deoghar in Criminal (Juvenile Bail) Appeal No.31 of

2025 whereby an appeal preferred under Section 101 of Juvenile

Justice (Care and Protection of Children) Act, against the order

dated 10.10.2025 passed by learned Principal Magistrate, Juvenile

Justice Board, Deoghar in connection with Enquiry No.216 of 2025

arising out of Kunda P.S. Case No.141 of 2025 was dismissed and

thereby affirming the order dated 10.10.2025 registered under

Section 103(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023 and

Section 27 of Arms Act pending in the Court of learned Principal

Magistrate, Juvenile Justice Board, Deoghar.

3. Learned counsel for the petitioner submits that the name of

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the petitioner has come on confessional statement and the

petitioner was aged about 17 years at the time of alleged

occurrence. He further submits that the person, who happened to

be major and whose name has also come on the confessional

statement has been granted regular bail by Co-ordinate Bench of

this Court in B.A. No.9788 of 2025 and the petitioner is in remand

home since 13.07.2025. He then submits that the petitioner is being

represented by his mother and she is ready to give undertaking to

keep the petitioner in good behaviour and character in future and

will prevent him from associating with any known criminal and from

exposing him to moral, physical or psychological danger and she is

ready to swear an affidavit in this regard.

4. Learned counsel appearing for the State opposes the prayer

and submits that the name of the petitioner has come on the

confessional statement.

5. The co-accused, who is major has been granted regular bail

in B.A. No.9788 of 2025 and the petitioner is in remand home since

13.07.2025 and mother is ready to give undertaking to keep the

petitioner in good behaviour and character in future and will prevent

him from associating with any known criminal and from exposing

him to moral, physical or psychological danger and she is ready to

swear an affidavit in this regard.

6. Section 12 of the Juvenile Justice (Care and Protection of

Children) Act, 2015, deals with bail to juveniles. On perusal of

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Section 12 of the J.J. Act, 2015, it is crystal clear that that Section

12 of the Act overrides the bail provisions as contained in the

Criminal Procedure, 1973 or any other law for time being in force. It

is further crystal clear that bail to the juvenile is a rule and refusal

of the same is an exception and juvenile can be denied bail only on

the 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, or

(ii) expose the said person to moral, physical or psychological danger, or

(iii) the person's release would defeat the ends of justice.

7. In light 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 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 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.

8. The Juvenile Justice Act is based on belief that children are

the future of the society and in case they go into conflict with law

under some circumstances, they should be reformed and

rehabilitated and not punished. No society can afford to punish its

children. Punitive approach towards children in conflict with law

would be self-destructive for the society. At the same time if the

peeking of the child in custody is helpful in his development and

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rehabilitation or protection, only then it could be said that release of

the child would defeat the ends of justice.

9. In view of above discussions, the Court is satisfied that the

reasoning and conclusion of the learned appellate court as well as

Juvenile Justice Board is that there is likelihood that the petitioner

will come into the association of dreaded criminals and there is

likelihood of moral, physical and psychological danger of the

petitioner if released on bail not founded on reasonable grounds.

10. The gravity of allegation has not been properly appreciated

and mandatory provision of Section 12 of Juvenile Justice Act as

well as other provisions relating to the juvenile has declined to grant

bail to the juvenile on the basis of unfounded apprehension. In the

absence of any materials or evidences of reasonable grounds, it

cannot be said that his release would defeat the ends of justice and

the learned Court has failed to give reasons on three contingencies

for declining the bail to the revisionist. The findings recorded by the

Juvenile Justice Board as well as appellate Court are based on

heinousness of the offence. Thus, the judgment dated 10.11.2025

passed by learned Additional Sessions Judge-I-cum-Children Court,

Deoghar in Criminal (Juvenile Bail) Appeal No.31 of 2025 and the

order dated 10.10.2025 passed by learned Principal Magistrate,

Juvenile Justice Board, Deoghar in connection with Enquiry No.216

of 2025 arising out of Kunda P.S. Case No.141 of 2025 are not

sustainable in the eye of law and hence both the orders are hereby

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set aside and the preset criminal revision is allowed.

11. Let the revisionist who is in observation home since

13.07.2025 be released on bail via assurance and surety given by

his natural guardian/mother, in connection with Enquiry No.216 of

2025 arising out of Kunda P.S. Case No.141 of 2025 registered

under Section 103(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023

and Section 27 of Arms Act pending in the Court of learned Principal

Magistrate, Juvenile Justice Board, Deoghar after furnishing a

personal bond on his mother (Sunita Murmu) with two sureties of

his relatives each in the like amount to the satisfaction of learned

Principal Magistrate, Juvenile Justice Board, Deoghar, subject to the

following conditions:

(i) Natural guardian/mother will furnish an undertaking that upon release on bail the revisionist will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or psychological danger and further that the mother will ensure that the juvenile will not repeat the offence.

(ii) Natural guardian/mother will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.

(iii) Juvenile and natural guardian/ mother will report to the Probation Officer on the first Monday of every calendar month commencing with the first Monday of March, 2026, and if during any calendar month the first Monday falls on a holiday, then on the following working day.

(iv) The Probation Officer will keep a strict vigil on the

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activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board, Deoghar, on such a periodical basis as the Juvenile Justice Board may determine.

12. Before imparting the judgment, it is necessary to point out

that the identity of the juvenile in the present matter has been

disclosed in the impugned judgment and order which violates the

right to privacy and confidentiality of the juvenile and against the

law laid down by the Hon'ble Supreme Court in the case of Shilpa

Mittal v. NCT Delhi, reported in (2020) 2 SCC 787 wherein it

was held that the identity of the juvenile shall not be disclosed.

13. The present revision has been filed by the revisionist through

his natural guardian/mother. The memo of parties discloses the

name of the juvenile.

14. The Registry is directed to conceal the name of the juvenile

from the cause list as well as the record of this case, so that the