Patna High Court
Surendra Kumar vs The State Of Bihar on 13 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2255 of 2025
Arising Out of PS. Case No.-233 Year-2024 Thana- JOGBANI District- Araria
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Juvenile "X" D/O Krishna Kumar Mandal @ Krishn Kumar Mandal Resident
of Pokharia, Ward No. 03, P.S- Jogbani, Dist- Araria ,Bihar, represented
through and under the guardianship of Father and Natural Guardian namely
Krishn Kumar Mandal @ Krishna Kumar Mandal , gender- Male, aged about
55 yrs, Son of Vishnu Dayal Mandal , Resident of Pokharia, Ward no- 03, P.S-
Jogbani, Dist- Araria , Bihar
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Kumar Ravish, Advocate
For the Respondent/s : Mr. Anand Mohan Prasad Mehta, SPP
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL JUDGMENT
Date : 13-10-2025
Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and perused the case
diary.
2. The instant appeal has been filed by the appellant
against the order dated 03.05.2025 passed in Criminal Appeal
No. 12 of 2025 [CIS No. 12 of 2025] learned District and
Additional Session Judge First-cum- Special Judge (Children's
Patna High Court CR. APP (SJ) No.2255 of 2025 dt.13-10-2025
2/10
Court), Araria whereby the prayer for bail of the appellant in
connection with Juvenile Justice Board Case No. 133 of 2024
arising out of Jogbani P.S. Case No. 233 of 2024 under Sections
20(b)(ii)(B) of the NDPS Act.
3. The prosecution case is that two men, Surendra
Kumar (appellant herein) and Binod Kumar, were caught by the
SSB while smuggling 5 kg of ganja from Nepal into India near
Kushmaha Village.
4. Learned counsel for the appellant submits that the
appellant is juvenile and innocent and has committed no any
offence as alleged in the F.I.R. The appellant has falsely been
implicated in the present case merely on the basis of suspicion.
The appellant has been declared juvenile on 20.01.2024 by the
Juvenile Justice Board, Madhubani and his age was evaluated as
15 years, 11 months and 8 days which is apparent from the
impugned order itself. The allegation levelled against the
appellant is general and omnibus in nature. Learned counsel
further submitted that the seized contraband is less than
commercial quantity, and hence, Section 37 of the NDPS is not
application is this case. There is no compliance of Section 42
and 50 of the NDPS Act.
5. Learned counsel for the appellant further submits
Patna High Court CR. APP (SJ) No.2255 of 2025 dt.13-10-2025
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that co-accused person has been granted regular bail by this
Court vide order dated 27.02.2025 passed in Cr. Misc. No.
10271 of 2025 and has also submitted that the appellant has no
criminal antecedent and is languishing in jail custody since
10.12.2024.
6
. Learned counsel for the appellant further contends
that father of the appellant, who is the guardian of the appellant,
undertakes that he will take care of the conduct and behaviour
of the appellant and further added that the appellant will bear
good conduct and behaviour in future. Learned counsel referring
to the impugned order submitted that as per Social Investigation
Report, the appellant requires proper family environment,
education and counselling, through which his reformation is
possible. Learned counsel, thus prays that the appellant may be
released on bail.
7. Learned counsel for the appellant further submits
that father of the appellant is ready to keep the appellant in a
social conducive atmosphere and will not allow his son to be in
company of unlawful element of the society. Learned counsel
for the appellant further submits that the father of the appellant
has given an undertaking that upon release on bail, juvenile will
not be permitted to go into contact or association with any
Patna High Court CR. APP (SJ) No.2255 of 2025 dt.13-10-2025
known criminal or allowed to be exposed to any moral,
physical, or psychological danger and further that the father of
the appellant will ensure that the juvenile will not repeat the
offence in future. Learned counsel for the appellant further
points out that the learned court below, without considering the
general principles laid down under Section 3 as well as the
mandatory provisions of Section 12 of the J.J.Act, rejected the
bail of the petitioner who is child in conflict with law.
8. Learned Special P.P. for the State and learned
counsel for the informant have vehemently opposed the prayer
for grant of bail to the appellant.
9. Section 3 of the J.J. Act of 2015 enumerates the
general principles to be followed in administration of the Act. It
regulates the conduct and behaviour of all persons functioning
under the Act. It states that the Central Government, the State
Governments, the Board and other agencies, as the case may be,
while implementing the provisions of the Act shall be guided by
the fundamental principles enumerated in clauses (i) to (xvi).
Section 3 reads as follows:-
"3. General principles to be followed in
administration of Act. The Central Government, the
State Governments, the Board, and other agencies, as
the case may be, while implementing the provisions of
this Act shall be guided by the following fundamental
Patna High Court CR. APP (SJ) No.2255 of 2025 dt.13-10-2025
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) Positive measures: All resources are to be
mobilised including those of family and community, for
promoting the well-being, facilitating development of
identity and providing an inclusive and enabling
environment, to reduce vulnerabilities of children and
the need for intervention under this Act.
(viii) Principle of non-stigmatising semantics:
Adversarial or accusatory words are not to be used in
the processes pertaining to a child.
Patna High Court CR. APP (SJ) No.2255 of 2025 dt.13-10-2025
(ix) Principle of non-waiver of rights: No waiver of any
of the right of the child is permissible or valid, whether
sought by the child or person acting on behalf of the
child, or a Board or a Committee and any non-exercise
of a fundamental right shall not amount to waiver.
(x) Principle of equality and non-discrimination: There
shall be no discrimination against a child on any
grounds including sex, caste, ethnicity, place of birth,
disability and equality of access, opportunity and
treatment shall be provided to every child.
(xi) Principle of right to privacy and confidentiality:
Every child shall have a right to protection of his
privacy and confidentiality, by all means and
throughout the judicial process.
(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) Principle of fresh start: All past records of any
child under the Juvenile Justice system should be
erased except in special circumstances..
(xv) Principle of diversion: Measures for dealing with
children in conflict with law without resorting to
judicial proceedings shall be promoted unless it is in
the best interest of the child or the society as a whole.
Patna High Court CR. APP (SJ) No.2255 of 2025 dt.13-10-2025
(xvi) Principles of natural justice: Basic procedural
standards of fairness shall be adhered to, including the
right to a fair hearing, rule against bias and the right
to review, by all persons or bodies, acting in a judicial
capacity under this Act."
10. Section 12 of the Juvenile Justice (Care &
Protection of Children) Act, 2015 reads as follows:-
"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 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
Patna High Court CR. APP (SJ) No.2255 of 2025 dt.13-10-2025
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."
11. This Court is of the view that the provision of
Section 12 of the said Act relating to bail shall be taken into
consideration, notwithstanding anything contained in the of the
Bharatiya Nagarik Suraksha Sanhita, 2023, in the touchstone of
the principle of presumption of innocence of the child. Thus,
granting bail to a child in conflict with law is the rule and
refusal is an exception.
12. This Court finds that in the case of Lalu Kumar @
Lal Babu @ Lallu vs The State of Bihar reported in 2019 (4) PLJR
833, the Court has held that the gravity and nature of the offence
are immaterial for consideration of bail under the Act of 2015
and general principles as stated under Section 3 of the Act of
2015 have to be followed.
13. Having heard the submissions made by the
Patna High Court CR. APP (SJ) No.2255 of 2025 dt.13-10-2025
learned counsel for the parties and having perused the materials
available on record and considering the undertaking filed by the
father of the appellant coupled with the fact that the present case
is not covered by the proviso of Section 12 of the J.J. Act, it
appears that the order dated 03.05.2025 is not justified in law.
14. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
appellant, this Court is inclined to allow this appeal.
15. Accordingly, the appeal is allowed and order dated
03.05.2025 passed by learned District and Additional Session
Judge First-cum- Special Judge (Children's Court), Araria, is
hereby set aside.
16. Let the appellant be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Juvenile Justice
Board Case No. 133 of 2024 arising out of Jogbani P.S. Case
No. 233 of 2024, subject to the following conditions:
(I) The first bailor must be the father of the appellant.
(II) The second bailor would be the recognized
member of the Panchayat or the reputed person of the village.
(III) The appellant shall remain present before the
Patna High Court CR. APP (SJ) No.2255 of 2025 dt.13-10-2025
appellate court as well as the J.J. Board as and when required.
(IV) The Probation Officer of the District shall submit
Social Investigation Report (S.I.R.) from time to time before the
concerned court below.
(Rudra Prakash Mishra, J)
Alok Verma/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.10.2025
Transmission Date 17.10.2025
