REDACTED vs The State of Bihar
- Court
- Patna High Court
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.294 of 2026
Arising Out of PS. Case No.-257 Year-2025 Thana- TARAIYA District- Saran
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XX Son of Virendra Ray Resident of village - Chainpur, P.S. - Taraiya,
District - Saran Under the guardianship of Virendra Ray (father of the
petitioner), aged about 43 years, son of Surendra Ray, resident of village -
Chainpur, P.S. - Taraiya, District Saran
... ... Petitioner
Versus
The State of Bihar
... ... Respondent
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate
For the Respondent/s : Mr. Mukesh Kumar Singh, APP
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 01-09-2026
Heard learned counsel for the petitioner as well as
learned APP for the State.
2. The instant criminal revision petition is directed
st
against the order dated 27.01.2026 passed by the learned 1
Additional Sessions Judge-cum-Children Court, Saran at Chapra
in Criminal (Juvenile) Appeal No. 44 of 2025, whereby and
whereunder the appeal has been dismissed and the order of learned
Juvenile Justice Board, Saran at Chapra dated 14.10.2025 passed
in JJB Case No. 914 of 2025, arising out of Taraiya P.S. Case No.
257 of 2025 for offences punishable under Sections 25(1-b)a and
26 of the Arms Act, refusing prayer for bail, has been affirmed.
3. Briefly stated facts of the case as it appears from
record, are that, the informant, Dilip Kumar, S.I. Taraiya Police
Station gave a written application on 24.08.2025 before the Officer
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I/c of Taraiya Police Station alleging that on 24.08.2025 at
approximately 12:15 PM, during routine patrol duty, the police
received information that the petitioner was allegedly in
possession of a pistol and intimidating local residents. Acting upon
the said information, the police team reached at the alleged place
and conducted a search. Upon his search, a loaded pistol was
recovered from the petitioner along with five live cartridges. The
pistol and cartridges were seized and the petitioner was arrested.
When the petitioner was interrogated, he failed to produce any
valid documentation for the fire-arm.
4. The petitioner learned J.J. Board, Saran at Chapra
declared the petitioner to be child in conflict with law (for brevity,
“CICL”) vide order dated 08.10.2025. The Board rejected his
application for bail vide order dated 14.10.2025 passed in J.J.B.
Case No. 914 of 2025.
5. Feeling aggrieved by the order dated 14.10.2025
passed by the learned J.J. Board, Saran at Chapra, the petitioner
preferred Cr. (Juvenile) Appeal No. 44 of 2025 in the Court of
st
learned 1 Additional Sessions Judge-cum-Children Court, Saran
at Chapra. The Appellate Court vide order dated 27.01.2026
dismissed the appeal and has upheld the order dated 14.10.2025
passed by the learned J.J. Board, Saran at Chapra.
6. Being aggrieved by the order dated 27.01.2026
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passed by the Appellate Court in Cr. (Juvenile) Appeal No. 44 of
2025 and order dated 14.10.2025 passed by the learned J.J. Board,
Saran at Chapra, the petitioner has moved the present revision
petition before this Court.
7. Learned counsel for the petitioner / CICL submits
that petitioner is innocent and he has falsely been implicated in the
present case. The learned Courts below did not consider that the
search and seizure have been made contrary to the mandate of law.
The learned subordinate Courts considered the case of the
petitioner like he were a hardened criminal and not in the light of
provision under Section 12 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 (for brevity, “the Act of 2015”).
The CICL is entitled to be granted bail irrespective of the nature of
offence committed by him. The bail could be denied only on the
ground that his release would likely to bring him under influence
of any criminal or expose him to moral, physical or psychological
danger or would defeat the ends of justice. Learned counsel also
submits that the purpose of J.J. Act is to reform a CICL and not to
penalize him. Learned counsel further submits that the father of
the CICL undertakes that he would not allow him to come in
contact with bad company and further undertakes that the release
of the petitioner would would not cause any moral, physical or
psychological danger to the CICL. Learned counsel further
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submits that petitioner is in custody since 25.08.2025 and
petitioner is having antecedent of three cases.
8. Learned APP for the State vehemently opposes the
submissions made on behalf of the petitioner / CICL and submits
that the orders of the subordinate Courts are passed in accordance
with law and there is no infirmity in them. Learned APP further
submits that petitioner / CICL carries three criminal antecedent
and the SBR and SIR of the petitioner does not permit him to be
enlarged on bail and grant of bail to the petitioner / CICL would be
against the interest of the petitioner / CICL. Learned APP further
submits that a loaded pistol with live cartridges was recovered
from the possession of the petitioner / CICL.
9. I have given my thoughtful consideration to the
rival submissions advanced by the parties and perused the record.
10. Section 12 of the Act of 2015 makes it clear that a
CICL could be denied bail only on the ground that on release, the
said child would come in contact with criminal elements or there
was danger to the moral, physical and psychological well being of
the CICL or the release would defeat the ends of justice. If these
grounds are not present, the bail could not be denied to a CICL.
11. Further, the Act of 2015 is, in fact, child friendly.
The central theme is that the interest of child is supreme. Section 3
of the Act of 2015 incorporates the general principles to be
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followed in the administration of the Act. According to which, “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. In fact, Section 3(iv) of the
Act of 2015 provides for the principle of best interest and for 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. Section 3(xii) of the Act of
2015 makes it abundantly clear that a child shall be placed in
institutional care as a step of last resort after making a reasonable
inquiry. Further, Section 3(xiii) of the Section 74 of the Act of
2015 provides for Principle of repatriation and restoration stating
that a CICL shall have the right to re-unite with his family and be
restored to the social, cultural and the economic background that
he came from unless such restoration and repartition is not in the
CICL’s best interest.
12. Cumulative reading of aforesaid provisions show
the CICL should be released on bail unless the fact comes on
record that there was chance of such child coming in contact with
a known criminal or enlarging such child on bail might expose him
to moral, physical or psychological danger. Further, the courts
being parens patriae are supposed to look into for protection of
best interest of the child. All such steps are to be taken by the
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Courts for reformation and rehabilitation of a CICL.
13. Coming back of the facts of the present case and
from perusal of SIR, I do not find any chance of petitioner / CICL
coming into contact with any known criminal or that the petitioner
is having no guardianship. Furthermore, merely because the
petitioner / CICL has got three criminal antecedents, it cannot be
presumed that he has become incorrigible and is not amenable to
reformatory steps. The purpose of the Act of 2015 is the
reformation of the child and the institutionalization of a CICL is a
matter of last resort and could not be resorted to thinking that such
custody would allow to develop the mental and physical well
being of the child and psychologically make him a good citizen.
This is possible only under the guardianship of the parents and
other family members. Since the condition mentioned in Section
12 of the Act of 2015 for denial of bail to the petitioner is not
present in the instant case, I am of the considered opinion that the
learned subordinate courts committed error while passing their
respective orders. Therefore, the orders impugned cannot be
sustained
14. Accordingly, the order of the Appellate Court
st
dated 27.01.2026 passed by the learned 1 Additional Sessions
Judge-cum-Children Court, Saran at Chapra, in Criminal
(Juvenile) Appeal No. 44 of 2025 is set aside. Consequently, the
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order of the learned J.J. Board, Saran at Chapra in JJB Case No.
914 of 2025, arising out of Taraiya P.S. Case No. 257 of 2025 is
also set aside.
15. Let the petitioner, a child in conflict with law, 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, Saran at
Chapra / concerned Court in connection with JJB Case No. 914 of
2025, arising out of Taraiya P.S. Case No. 257 of 2025, subject to
the following conditions:
(i) One of the bailors will be the parents of the
petitioner and the other bailor will also be relative of the
petitioner having no criminal antecedent and shall give
undertaking that he / she shall keep proper care and upkeep of the
petitioner.
(ii) The petitioner shall remain present before the
Board on each and every date of trial of the case fixed by the
Board.
(iii) In future if the petitioner is ever caught in
similar kind of act, the learned J.J. Board, Saran at Chapra will
be at liberty to move for the cancellation of bail bond of the
petitioner.
16. Accordingly, the present revision petition is
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allowed.
17. The office is directed to send back the LCR to the
court concerned forthwith, if any.
(Arun Kumar Jha, J)
Shahnawaz/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 03.09.2026
Transmission Date 03.09.2026