[Cites 5, Cited by 0]
Patna High Court
S.K.Y. @ S.K.Y @ S.K 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.345 of 2025
Arising Out of PS. Case No.-670 Year-2023 Thana- BIHPUR District- Bhagalpur
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S.K.Y. @ S.K.Y @ S.K. S/o Late Dhrub Yadav @ Late Dhruv Yadav
Resident of Village- Narayanpur, Bihpur P.S-Bhawanipur, Dist- Bhagalpur,
under guardianship of Santosh Yadav, S/o Pappu Yadav, R/o Vill- Baikatpur,
P.O.- Amari (Bishanpur) Mirjapur, P.S.-Mirjapur, Dist- Bhagalpur (Brother-
in-law/ Bahnoi)
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Amrendra Kumar, Advocate
For the Respondent/s : Mr. Shailendra Kumar, 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
for setting aside the order dated 06.09.2024 passed by the
learned Juvenile Justice Board, Bhagalpur and judgment dated
03.12.2024
passed by learned Additional Sessions Judge 1st -
cum- Special Judge (Children Court), Bhagalpur in Criminal
Appeal No. 48 of 2024, whereby and whereunder the learned
appellate court while confirming the order dated 06.09.2024
passed by learned Juvenile Justice Board, Bhagalpur in Bihpur
(Bhawanipur) P.S. Case No. 670 of 2023 refused to grant bail to
the petitioner/child in conflict with law (for short 'CICL').
3. Briefly stated the facts of the case is that Bihpur
Patna High Court CR. REV. No.345 of 2025 dt.09-12-2025
(Bhawanipur) P.S. Case No. 670 of 2023 was registered under
Section 25(1-b)a/26 of the Arms Act on the written statement of
informant/Officer-in-Charge, Bhawanipur OP alleging therein
that the informant received information about the accused of
Bihpur (Bhawanpur) P.S. Case No. 408 of 2023 was sleeping at
Bajrangwali Mandir near Bornahadhar. The police party reached
at the spot and on seeing the police vehicle, a person started
fleeing and was apprehended. The petitioner is the apprehended
person. From possession of the petitioner, recovery of a country
made gun loaded with cartridge apart from a live cartridge was
made. The age of the petitioner was assessed by learned
Juvenile Justice Board, Bhagalpur to be 16 years 05 months and
24 days on the date of occurrence. Thereafter, the prayer for bail
was made before the learned Juvenile Justice Board. Vide order
dated 06.09.2024, the learned Juvenile Justice Board dismissed
the bail petition of the CICL. Subsequently, Criminal Appeal
No. 48 of 2024 was filed before the court of learned Additional
Sessions Judge 1st -cum- Special Judge (Children Court),
Bhagalpur and vide judgment dated 03.12.2024, the learned
appellate court also dismissed the appeal. Aggrieved by the
dismissal order, the instant revision petition has been preferred
on behalf of the CICL.
Patna High Court CR. REV. No.345 of 2025 dt.09-12-2025
4. Learned counsel for the petitioner submits that the
petitioner is child in conflict with law and he has committed no
offence. The petitioner has falsely been implicated due to
village politics. The petitioner played no role and nothing
incriminating has been recovered from the person or possession
of this petitioner. Learned counsel further submits that the
learned JJ Board as well as the learned Additional Sessions
Judge-I-cum-special Judge (Children Court), Bhagalpur
rejected the prayer for bail of the petitioner on unsustainable
ground. Learned counsel further submits that both the courts
below have not considered the interest of the CICL and rejected
the prayer for bail mainly on consideration that the parents of
the petitioner are no more and there is no one to take care of the
petitioner and protect the life of the petitioner and he would fall
in same bad company. Learned counsel further submits that the
CICL is in custody since 30.10.2023 and is having antecedent of
two cases and he was allowed bail in other cases. However, the
husband of the cousin sister of the petitioner/CICL, who is
deponent in the present case, undertakes to protect the life of the
petitioner and also to take care of him so that he does not fall in
bad company. Learned counsel further submits that keeping the
petitioner in observation home would not serve any useful
Patna High Court CR. REV. No.345 of 2025 dt.09-12-2025
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. Learned counsel referred to the decision
of this Court in the case of S.K.Y. @ S.K.Y@ S.K. @ S Vs. The
State of Bihar & Anr. (Criminal Revision No. 68 of 2025,
decided on 01.12.2025), wherein in the similar circumstances,
the prayer for bail of the same child in conflict with law was
allowed.
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 the father of the CICL was also a criminal and he
died in jail and this fact is apparent from the record. Learned
counsel further submits that after death of his parents, there is
no one to take care of the petitioner and if enlarged on bail, he
would continue in bad company and there is no chance of the
reformation.
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
Patna High Court CR. REV. No.345 of 2025 dt.09-12-2025
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 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 release of CICL on
bail would bring him in association with the criminals
Patna High Court CR. REV. No.345 of 2025 dt.09-12-2025
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:-
"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
Patna High Court CR. REV. No.345 of 2025 dt.09-12-2025
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
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
Patna High Court CR. REV. No.345 of 2025 dt.09-12-2025
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 this case, no doubt the social
background report and social investigation report show that the
child in conflict with law is not having guardian in form of
parents or even full brother or sister. However, the Probation
Officer has reported that the brother-in-law and sister of this
petitioner/CICL, have shown interest to take care of the child in
conflict with law. At the same time, the deponent who is stated
to be the husband of the cousin of the CICL has also undertaken
to take care of the child in conflict with law and also to take
further steps for his protection.
10. Considering the interest of the CICL to be of
paramount importance and further finding that keeping the child
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
Patna High Court CR. REV. No.345 of 2025 dt.09-12-2025
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, Bhagalpur/ concerned court in
connection with Bihpur (Bhawanipur) P.S. Case No. 670 of
2023, subject to the following conditions:
(i) The deponent/brother-in-law 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 03.12.2024
passed by the Additional Sessions Judge-Ist -cum- Special
Judge (Children Court), Bhagalpur and order dated 06.09.2024
passed by the learned Juvenile Justice Board, Bhagalpur 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 10.12.2025
Date
