[Cites 8, Cited by 0]
Patna High Court
Vikash Kumar vs The State Of Bihar on 9 December, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.316 of 2025
Arising Out of PS. Case No.-74 Year-2024 Thana- BODHGAYA District- Gaya
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Vikash Kumar Son of Ram Swarup Prasad @ Ramswaroop Prasad Through
his natural guardian Ram Swarup Prasad @ Ramswaroop Prasad, Aged about
50 years (Male), S/O- Heera Man Mahato, R/O- Benipur 15, P.S.- Rupao @
Rupau, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Respondent/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 09-12-2025
Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant criminal revision petition has been filed
seeking bail in connection with Bodhgaya P.S. Case No. 74 of
2024 registered for the offences under Sections 364(A)/34 of
IPC and Sections 25(1-b)a, 26, 35 of the Arms Act and for
setting aside the order dated 04.12.2024 passed by the learned
Juvenile Justice Board, Gaya and judgment dated 06.02.2025
passed by learned Special Judge (Children Court), Gaya in
Criminal Appeal No. 01 of 2025, whereby and whereunder the
learned appellate court while confirming the order dated
04.12.2024
passed by learned Juvenile Justice Board, Gaya in
Patna High Court CR. REV. No.316 of 2025 dt.09-12-2025
Misc. No. 490 of 2024, arising out of Bodhgaya P.S. Case No.
74 of 2024, refused to grant bail to the petitioner/child in
conflict with law (for short 'CICL').
3. Briefly stated the facts of the case are that the
minor son of the informant was kidnapped and the kidnappers
demanded Rs. 40 lacs of ransom amount and threatened that in
case the ransom amount was not paid, they would kill the son of
the informant. The informant named a number of persons whom
he suspected to be involved in kidnapping of his son and ransom
demand. The name of the petitioner transpired during
investigation for being involved in the alleged occurrence. The
petitioner was declared juvenile vide order dated 25.11.2024 by
the learned Juvenile Justice Board, Gaya and his age was
assessed to be 16 years 03 months and 23 days on the date of
occurrence. Thereafter, the prayer for bail was made before the
learned Juvenile Justice Board. Vide order dated 04.12.2024, the
learned Juvenile Justice Board dismissed the bail petition of the
CICL. Subsequently, Criminal Appeal No. 01 of 2025 was filed
before the court of learned Special Judge (Children Court),
Gaya and vide judgment dated 06.02.2025, the learned appellate
court also dismissed the appeal. Aggrieved by the dismissal
order, the instant revision petition has been preferred on behalf
Patna High Court CR. REV. No.316 of 2025 dt.09-12-2025
of the CICL.
4. Learned counsel for the petitioner submits that the
petitioner is child in conflict with law and he has committed no
offence. The petitioner is neither named in the FIR nor he has
any concern with the alleged kidnapping of the son of the
informant. The petitioner used to live in Nawada for his study
and on one occasion he sat with his friend in the Bolero vehicle,
but he was not knowing about kidnapping of the son of the
informant who was kept in the same vehicle. Learned counsel
further submits that the learned subordinate courts refused the
prayer for bail of the petitioner without appreciation of facts and
circumstances and the law applicable. Learned counsel further
submits that both the subordinate courts went by the Social
Investigation Report and Social Background Report which
showed that there was lack of supervision by the parents of the
petitioner. Further, the planned manner of occurrence and
possibility of recidivism of a CICL due to economic greed and
lack of proper supervision and peer group were held to be
against enlarging the petitioner on bail. However, the learned
courts below wrongly held that granting privilege of bail was
detrimental to moral, physical and mental health of the
petitioner. But the courts below did not consider the well being
Patna High Court CR. REV. No.316 of 2025 dt.09-12-2025
of a juvenile and did not exercise their jurisdiction vested upon
it by the law. The courts did not consider that if the petitioner is
kept in an observation home, he would be more likely to come
into contact with persons of criminal nature, and that might
adversely affect him physically and mentally, whereas the
guardians of the petitioner are ready and willing to take care of
the petitioner and protect his life and well being. The gravity
and seriousness of offence cannot be a criterion to decline bail
to the petitioner. There is nothing on record to show that if bail
is granted to the petitioner, it would not be in the interest of
justice. The orders have been passed without any cogent and
reasonable ground and it was passed without application of
judicial mind. The impugned orders go against the intend and
objects of the Juvenile Justice (Care And Protection of Children)
Act, 2015. The impugned orders suffer from voice of
impropriety and illegality calling for interference by this Court.
Learned counsel further submits that the CICL is in custody
since 13.02.2024.
5. Learned APP vehemently contends that the CICL
does not deserve to be enlarged on bail and the orders have been
rightly passed by the learned courts below. Learned APP further
submits that two courts below passed the orders after due
Patna High Court CR. REV. No.316 of 2025 dt.09-12-2025
consideration of social investigation report and social
background report, feeling that the parents did not take proper
care of the CICL. When the petitioner was apprehended along
with the kidnapped boy, recovery of illegal firearms and
narcotics drugs was made. There was lack of positive and good
environment for mental, sociological and physical development
of the child in conflict with law.
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 reads 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
Patna High Court CR. REV. No.316 of 2025 dt.09-12-2025
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 1[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.
(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."
Therefore, only if there appears to be reasonable
ground for believing that if the release of CICL on bail would
bring him in association with the criminals or expose him to
moral physical or psychological danger or his release would
defeat the ends of justice, the bail shall be denied and reasons
for the denial would be recorded. Therefore, it is apparent that a
CICL shall be released on bail notwithstanding anything
contained in the Code of Criminal Procedure, 1973.
8. Now at the same time, 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:-
Patna High Court CR. REV. No.316 of 2025 dt.09-12-2025
"3. The Central Government, the State
Governments,1[the Board, the Committee, or]
other agencies, as the case may be, 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.
(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
Patna High Court CR. REV. No.316 of 2025 dt.09-12-2025
measure of last resort: A child shall be 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 re-united 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)......."
9. Cumulative reading of these two provisions makes
it clear that there is presumption of innocence of a child in
conflict with law and 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. At the same time, all measures will 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. In the present case, the father of CICL
has undertaken to take care of the well being of the child in
conflict with law and as the reformation of a CICL could take
place much better in the home surroundings rather than keeping
the child in observation home in company of other unknown.
10. Considering the interest of the CICL to be of
paramount importance and further finding that keeping the child
Patna High Court CR. REV. No.316 of 2025 dt.09-12-2025
in observation home may not serve the purpose of his
reformation, this court is of the view that for the best interest of
the child, he could be released on bail on submission of affidavit
of due undertaking by the deponent of the present case for
taking good care of the child in conflict with law and for
protection, both physical and mental, of the child before the
learned Juvenile Justice Board. Accordingly, the 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, Gaya/ concerned court in connection with
Bodhgaya P.S. Case No. 74 of 2024, subject to the following
conditions:
(i) The father of the child in conflict with
law shall furnish an undertaking before
the learned Juvenile Justice Board that he
will take care of the child in conflict with
law and will keep him in safe custody
and produce him before the learned
Juvenile Justice Board as and when
required.
11. Accordingly, the Judgment dated 06.02.2025
passed by the Special Judge (Children Court), Gaya and order
dated 04.12.2024 passed by the learned Juvenile Justice Board,
Patna High Court CR. REV. No.316 of 2025 dt.09-12-2025
Gaya are set aside and present revision petition is allowed.
(Arun Kumar Jha, J)
Ashish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.12.2025
Transmission Date 10.12.2025
