[Cites 7, Cited by 0]
Jharkhand High Court
Juvenile 'X' Through His Father vs The State Of Jharkhand ..... ... ... on 30 January, 2026
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
( 2026:JHHC:2415 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 156 of 2026
Juvenile 'X' through his father ...... ... Petitioner
Versus
The State of Jharkhand ..... ... Opposite Party
--------
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner :Mr. Lukesh Kumar, Advocate
For the State : Mr. Vineet Kr. Vashistha, Spl.P.P.
------
02/ 30.01.2026: Heard learned counsel for the petitioner and learned
counsel for the State.
2. This criminal revision has been preferred against the order
dated 12.01.2026 passed by the learned Special Judge, Children Court,
Dhanbad in Criminal Appeal No. 265 of 2025 whereby the learned court has
been pleased to dismiss the appeal affirming order dated 27.06.2023 passed
by the learned Principal Magistrate, Juvenile Justice Board, Dhanbad in
connection with Bank More P.S. Case No. 145 of 2023 registered under
sections 385, 387, 120-B/34 of the I.P.C and under section 27 of the Arms
Act, pending in the Court of learned Juvenile Justice Board, Dhanbad.
3. Learned counsel for the petitioner submits that the petitioner
was aged about 15 years at the time of alleged crime and filed the present
revision application through his father. He submits that the father is ready to
give undertaking that he will keep the petitioner in good behaviour and
character in future and prevent him from associating with any known
criminals and he will not allow the child to expose to any moral, physical, or
psychological danger and in this regard he is ready to swear affidavit. He
further submits that the petitioner has been falsely implicated in this case
and he is in Remand Home since 28.10.2025. He next submits that in the
Social Investigation Report it has come that petitioner is of good behaviour
and he is student of Intermediate. He also submits that there is no eye
witness to the occurrence and the name of the petitioner has come in the
confessional statement and the co-accused persons who have faced the trial,
have already been acquitted by judgment dated 08.10.2025 passed in G.R.
Case No. 2510/2023, corresponding to Trial No. 1892 of 2025 by the learned
trial court contained in annexurer-2 to this petition. He further submits that
the petitioner is meritorious student of intermediate and his examination is
scheduled to be started from 03.02.2026 and in this view of the matter
( 2026:JHHC:2415 )
petitioner may kindly be released on bail.
4. Learned counsel for the State opposes the prayer and submits
that name of the petitioner has come in the confessional statement and in
view of that the petitioner may not be released on bail.
5. In view of above facts, it is an admitted position that the
petitioner is juvenile and he is in Remand Home since 28.10.2025. The
petitioner is student of intermediate and his examination is scheduled to be
started from 03.02.2026. The name of the petitioner has come in the
confessional statement. The petitioner is being represented by his father and
he is giving undertaking that he will take care of the child.
6. It appears that both the courts have been pleased to reject the
bail application of the petitioner on the ground that there is chance that the
petitioner will come with dreaded criminals and he will be exposed to moral,
physical, or psychological danger.
7. In view of above discussions, the Court finds that the reasoning
and conclusion of the learned appellate court as well as Juvenile Justice
Board is not founded on reasonable grounds in the light of Section 12 of the
Juvenile Justice (Care and Protect of Children) Act, 2015.
8. Section 12 of the Juvenile Justice (Care and Protection of
Children) Act, 2015, deals with bail to juveniles. On perusal of 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 appears 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.
9. 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 keeping of the child in custody is helpful in his development
( 2026:JHHC:2415 )
and rehabilitation or protection, only then it could be said that release of the
child would defeat the ends of justice.
10. In the absence of any material or evidence of reasonable
grounds, it cannot be said that his release would defeat the ends of justice
and have 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 that the petitioner will come in contact with dreaded
criminals. Thus, the order dated 12.01.2026 passed by the learned Special
Judge, Children Court, Dhanbad in Criminal Appeal No. 265 of 2025 and the
order dated 27.06.2023 passed by the learned Principal Magistrate, Juvenile
Justice Board, Dhanbad in connection with Bank More P.S. Case No. 145 of
2023 are not sustainable in the eye of law and hence both the orders are set
aside and the present criminal revision is allowed.
11. Let the revisionist who is in Remand Home, Dhanbad since
28.10.2025 be released on bail via assurance and surety given by his natural
guardian/father, in connection with Bank More P.S. Case No. 145 of 2023,
after furnishing a personal bond on his father (Md. Kaiser Imam @ Md.
Quasar Imam) with two sureties of his relatives each in the like amount to
the satisfaction of the Principal Magistrate, Juvenile Justice Board, Dhanbad
subject to the following conditions:
(i) Natural guardian/father 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 father will ensure that
the juvenile will not repeat the offence.
(ii) Natural guardian/father 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/father will report to the Probation
Officer on the second Monday of every calendar month commencing with the
second Monday of February, 2026 and if during any calendar month the
second Monday falls on a holiday, then on the following working day.
(iv) The Probation Officer will keep a strict vigil on the activities of the
( 2026:JHHC:2415 )
juvenile and regularly draw up his social investigation report that would be
submitted to the Juvenile Justice Board, Dhanbad, on such a periodical basis
as the Juvenile Justice Board may determine.
12. This criminal revision petition is allowed and disposed of. Pending
I.A, if any, stands disposed of.
( Sanjay Kumar Dwivedi, J.)
Dt. 30.01.2026
Satyarthi/-
