[Cites 9, Cited by 0]
Patna High Court
Akash Kumar vs The State Of Bihar on 9 February, 2026
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.541 of 2025
Arising Out of PS. Case No.-284 Year-2024 Thana- GARKHA District- Saran
======================================================
XXXXX
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shashi Ranjan S/o Manoj Singh R/o Village - Mura, P.S - Garkha, District -
Saran
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Dr. Alok Kumar Alok, Advocate
For the State : Mr.Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 09-02-2026
Heard learned counsel for the petitioner and learned
APP for the State. However, there is no representation on behalf
of opposite party no. 2 despite valid service of notice.
2. From perusal of record, it transpires that in the
revision petition, the identity details of the Juvenile is being
disclosed, which is against the statutory provisions prescribed
under Section 74 of the Juvenile Justice (Care and Protection of
Children) Act, 2015 which mandates protection of disclosure of
identity of the juvenile in conflict with law. Therefore, the
identity of the petitioner is being referred to in the cause title as
XXXX.
Patna High Court CR. REV. No.541 of 2025 dt.09-02-2026
2/11
3. Registry while uploading the order on the website
shall also ensure that the cause title is reflected in similar
manner.
4. The instant revision petition has been filed for
setting aside the Judgment dated 21.02.2025 passed by the
learned Ist Additional Sessions Judge -cum- Children Court,
Saran at Chapra in Criminal (Juvenile) Appeal No. 16 of 2024
whereby and whereunder the learned Children Court dismissed
the appeal of the petitioner and also to set aside the order dated
30.10.2024
passed by the Juvenile Justice Board, Saran at
Chapra rejecting the prayer of the petitioner for bail in
connection with Juvenile Enquiry No. 1070 of 2024, arising out
of Garkha P.S. Case No. 284 of 2024 for the offences under
Section 302 of the Indian Penal Code. The petitioner
approached this Court impugning the aforesaid two orders.
5. Briefly stated, facts of the case are that Garkha P.S.
Case No. 284 of 2024 has been registered under Section 392 of
the Indian Penal Code on the basis of written report of
informant Shashi Ranjan. In the written report, the informant
stated that while he has been returning home with Rs.4,10,000/-
in course of his business of consumer service, three miscreants
on a bike assaulted him on gunpoint and snatched bag
Patna High Court CR. REV. No.541 of 2025 dt.09-02-2026
containing the cash, mobile phone and key of his shop and fled
away from the spot. The name of the petitioner transpired during
investigation for being in the said occurrence. After assessment
of the age, the petitioner was declared to be a juvenile in
conflict with law (in short 'CICL').
6. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in this case. The prayer for
bail of CICL has been rejected by the learned subordinate courts
on wrong appreciation of facts and circumstances without
considering the provisions of the Juvenile Justice (Care and
Protection of Children) Act. The learned subordinate courts did
not consider the fact except for confessional statement before
the police, there was no material against the CICL and the
confessional statement of the CICL has been recorded under
duress. Nothing incriminating has been recovered from the
person or possession of the CICL. Learned counsel further
submits that the learned Juvenile Justice Board has not
considered the statutory provisions of Section 12 of the Juvenile
Justice (Care and Protection of Children) Act. Learned counsel
further submits that the bail should not have been granted on the
ground that the CICL has criminal antecedent of two cases, he is
school dropout and there is parental negligence. But every child
Patna High Court CR. REV. No.541 of 2025 dt.09-02-2026
should be given opportunity to reform his life and the of the
CICl who is deponent before this Court undertakes to take
proper care of the petitioner after release on bail and shall not
allow him to fall into bad company and would try to bring
change in his behaviour, if required. The Courts below have not
considered the fact that the petitioner has been deprived of care
and protection of his family by placing him in custody. The
social investigation report/social background report do not make
out any case to keep the CICL in custody. For his proper
physical and mental development, he needs to be enlarged on
bail as his continuous custody would be detrimental to his
mental and physical well being. There is no chance of CICL
falling in bad company and he in custody since 13.08.2024..
Therefore the petitioner ought to have been released on bail
after setting aside the impugned orders as both the Courts below
passed erroneous orders.
7. Learned APP for the State oppose the submission
made on behalf of the petitioner. Learned APP submits that the
order of appellate court is quite detailed and the learned
appellate court has considering the social investigation report
and the social background report came to a conclusion that the
grant of bail to CICL would expose him to moral, physical and
Patna High Court CR. REV. No.541 of 2025 dt.09-02-2026
psychological danger and it will against his interest. It is further
held that the grant of bail would also expose him to same friend
circle and society under whose influence he entered into the
crimes like robbery at gunpoint and thus it would defeat the
ends of justice.
8. I have given my thoughtful consideration to the
rival submission of the parties and perused the record. The fact
which is to be considered for grant of bail to the CICL is his best
interests and welfare which are the matter of paramount
importance. Section 12 of the Juvenile Justice Act provides that
a CICL could be denied bail only on the ground that on release,
the said child would come in contact with criminal elements and
there was danger to the moral, physical and psychological well
being of the CICL or would defeat the ends of justice. If these
grounds are not present, the bail could not be denied to a CICL.
9. 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
Patna High Court CR. REV. No.541 of 2025 dt.09-02-2026
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[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
Patna High Court CR. REV. No.541 of 2025 dt.09-02-2026
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."
10. Perusal of record shows in Social
Investigation Report/Social Background Report, it has nowhere
been mentioned about the child falling in company of bad
element or coming to harm, mentally and physically and reasons
for the same. Only a bland assertion has been made by the
courts below for denial of bail to the CICL that the CICL has
criminal antecedent of two cases. There is no other material on
record to justify its reason. While considering the prayer for bail
of CICL, the paramount consideration is to protect best interest
of the child. Allowing the child to continue in incarceration
would not be helpful in his reformation or rehabilitation. It has
also come that the father of the petitioner has undertaken to
provide guidance and also undertaken that he would not allow
his child to come with the contact of known criminal of society.
11. Now at the same time, relevant provisions of
Section 3 of the Juvenile Justice (Care and Protection of
Patna High Court CR. REV. No.541 of 2025 dt.09-02-2026
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
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
Patna High Court CR. REV. No.541 of 2025 dt.09-02-2026
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)......
Patna High Court CR. REV. No.541 of 2025 dt.09-02-2026
(xv).......
(xvi)......"
12. If the child is allowed to continue in custody,
it could not be said that his interest would be protected.
Moreover, the father of the child in conflict with law is ready to
take care of him and he is also ready to furnish undertaking in
this regard. Hence, I am of the considered opinion that the child
should be released on bail subject to certain conditions.
13. 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 and rehabilitation, 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 father of the
CICL 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. In the light of discussion made
hereinbefore, it is ordered that the CICL 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, Saran at
Chapra/concerned court in connection with Juvenile Enquiry
No. 1070 of 2024, arising out of Garkha P.S. Case No. 284 of
Patna High Court CR. REV. No.541 of 2025 dt.09-02-2026
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 they 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.
14. Accordingly, the judgment dated 21.02.2025
passed by learned Ist Additional Sessions Judge -cum- Children
Court, Saran at Chapra and order dated 30.10.2024 passed by
the learned Juvenile Justice Board, Saran at Chapra are set aside
and the present revision petition is allowed.
(Arun Kumar Jha, J)
DKS/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.02.2026
Transmission Date 12.02.2026
