[Cites 8, Cited by 0]
Patna High Court
Ranjeet Kumar @ Ranjit Yadav 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.383 of 2025
Arising Out of PS. Case No.-240 Year-2022 Thana- SALAKHUA District- Saharsa
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Ranjeet Kumar @ Ranjit Yadav Under Guardianship of her natural Guardian
Mother Rina Devi W/O Subhash Yadav, Resident of Village-Parrahi, Ward
No. 01, P.S.-Simri Bakhtiyarpur (Balwa Hat O.P.), District- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Pawan Kumar, Advocate
For the State : Mr.Pradeep Narain 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. However, there is no representation
on behalf of the informant though vakalatnama has been filed.
2. The instant criminal revision petition has been
filed for setting aside the order dated 21.01.2025 passed by
learned Additional Sessions Judge 1st -cum- Special Judge,
Children Court, Saharsa in Criminal Appeal No. 17 of 2024 and
the order dated 24.04.2024 passed by learned Principal
Magistrate, Juvenile Justice Board, Saharsa in J.J.B. 31 of 2024,
arising out of Salkhua P.S. Case No. 240 of 2022 registered for
the offences under Section 302/34 of the Indian Penal Code and
Patna High Court CR. REV. No.383 of 2025 dt.09-12-2025
Section 27 of the Arms Act, whereby and whereunder both the
courts below refused to grant bail to the petitioner.
3. Briefly stated, the facts of the case are that the
husband of the informant was shot at by six miscreants, who
died in course of his treatment. The petitioner and co-accused
Sanjiv Yadav are alleged to have caught hold of the deceased
and other co-accused persons fired upon him.
4. Learned counsel for the petitioner submits that
the petitioner was declared child in conflict with law vide order
dated 29.02.2024 by the learned Juvenile Justice Board, Saharsa
and his age was assessed to be 17 years 7 months and 7 days on
the alleged date of occurrence. Learned counsel further submits
that there is no specific allegation of firing against the petitioner
who has been roped in the present case due to previous enmity.
The informant is not an eye witness. But the learned subordinate
courts did not consider the facts and circumstances and passed
the order rejecting the prayer for bail considering the gravity of
the offence and manner of the offence. The petitioner and other
co-accused persons are having criminal antecedent and this fact
also weighed upon the mind of the courts below. But in the
provisions of the Juvenile Justice (Care and Protection of
Children) Act the nature and gravity of the offence are not to be
Patna High Court CR. REV. No.383 of 2025 dt.09-12-2025
seen. Though there is mentioning of the fact that all the family
members have been absconding and there was danger to the life
of the petitioner, the same is not correct. The mother of the
petitioner is deponent in the present case and she has undertaken
to take care of the petitioner so that he dos not fall in bad
company. Learned counsel further submits that the conduct of
the petitioner has been sought from the Probation Officer who
has given a favourable report and from report it shows that the
petitioner, even if released on bail, would continue to maintain
good conduct. There is no complaint against the petitioner whie
he has been staying in the place of safety. Learned counsel
further submits that the similarly placed co-accused Sanjiv
Yadav has been granted regular bail vide order dated 19.12.2024
passed in Cr. Misc. No. 71776 of 2024 by a Co-ordinate Bench.
Learned counsel further submits there is nothing adverse against
the present petitioner to deny him bail. Learned counsel next
submits that the petitioner is in custody since 15.01.2024. For
non-consideration of aforementioned facts by the courts below,
their order could not be sustained.
5. Learned APP opposes the contention made on
behalf of the petitioner. Learned APP submits that the learned
subordinate courts have considered the fact that the petitioner is
Patna High Court CR. REV. No.383 of 2025 dt.09-12-2025
himself having criminal antecedent and his associates are also
having criminal antecedent. So, considering these facts and also
the social investigation report which mentions about his family
members absconding and petitioner might have danger to life if
enlarged on bail, the learned subordinate courts rejected the
prayer for bail.
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
abailable 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
Patna High Court CR. REV. No.383 of 2025 dt.09-12-2025
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[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."
Patna High Court CR. REV. No.383 of 2025 dt.09-12-2025
Therefore, only if there appears to be reasonable
ground for believing that the release of child in conflict with law
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. It is also apparent that the
petitioner could 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:-
"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
Patna High Court CR. REV. No.383 of 2025 dt.09-12-2025
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
measure of last resort: A child shall be
Patna High Court CR. REV. No.383 of 2025 dt.09-12-2025
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. The Probation Officer has given a
favourable report and from this report it is apparent that the
petitioner even if released on bail would likely to continue in
maintaining good conduct. There is no complaint against the
Patna High Court CR. REV. No.383 of 2025 dt.09-12-2025
petitioner while he has stayed in the place of safety At the same
time, the deponent who is stated to be the mother of the
petitioner 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 petitioner 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 mother of the petitioner 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 petitioner/child in
conflict with law shall be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Juvenile Justice Board, Saharsa/ concerned court in connection
with J.J.B. 31 of 2024, arising out of Salkhua P.S. Case No. 240
of 2022, subject to the following conditions:
(i) The mother of the child in conflict with
law shall furnish an undertaking before the
learned Juvenile Justice Board that she will
Patna High Court CR. REV. No.383 of 2025 dt.09-12-2025
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 order dated 21.01.2025
passed by the Additional Sessions Judge- Ist -cum- Special
Judge, Children Court, Saharsa and order dated 24.04.2024
passed by the learned Juvenile Justice Board, Saharsa are set
aside and present revision petition is allowed.
(Arun Kumar Jha, J)
DKS/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.12.2025
Transmission Date 11.12.2025
