REDACTED vs The State of Bihar
- Court
- Patna High Court
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.250 of 2026
Arising Out of PS. Case No.-936 Year-2023 Thana- CHAPRA TOWN District- Saran
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XXX XXX YYY YYY Child in conflict with Law through his mother namely
YYY YYY, Resident of Bichla Telpa , P.S- Chapra Town, Dist- Saran, Chapra
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ajay Kumar Thakur S/O Ramdayal Thakur Resident of Chota Telpa ,Nagar
Chapra P.S- Chapra Town, Dist- Saran, Chapra
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Aditya Anand, Advocate
For the State : Mr.Rajendra Nath Jha, APP
For OP No. 2 : Mr. Krishna Kr. Yadav, Advocate
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 01-09-2026
Heard the learned counsel for the petitioner and the
learned APP for the State as well as the learned counsel for the
O.P. No. 02.
02. The instant criminal revision application has been
preferred by the petitioner challenging the order dated
21.01.2026 passed by the learned Ist Additional Sessions Judge-
cum-Children Court, Saran at Chapra in Criminal (Juvenile)
Appeal No. 42 of 2025 whereby the order dated 03.09.2025
passed by learned Juvenile Justice Board, Saran at Chapra, in
JJB Case No. 134 of 2025, arising out of Chapra Town P.S. Case
No. 936 of 2023 registered for the offences under Section 447,
341, 324, 307, 302/34 of the IPC, refusing prayer for bail of the
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petitioner, has been affirmed and the appeal preferred by the
petitioner has been dismissed.
03 Briefly stated, the facts of the case, as it appears
from the record, are that the opposite party no. 2 instituted
Chapra Town P.S. Case No. 936 of 2023 under Section /447,
341, 324, 307, 302/34 of the IPC against the petitioner and
others. Allegation against the petitioner is for assaulting the
mother of the informant and other victims with stick and rod.
The allegation of stabbing the brother of the informant is against
coaccused Aman Kumar and Anil Kumar Thakur. The brother of
the informant succumbed to his injuries.
04. The petitioner surrendered on 11.02.2025. The
petitioner claimed himself to be juvenile on the date of
commission of offence. The Juvenile Justice Board, Saran at
Chapra declared the petitioner as CICL vide order dated
27.06.2025.
05. The petitioner moved for grant of bail before the
Juvenile Justice Board, Saran at Chapra. The Board rejected his
application for bail vide order dated 03.09.2025 passed in JJB
Case No. 134 of 2025, arising out of Chapra Town P.S. Case No.
936 of 2023.
06. Feeling aggrieved by the order dated 03.09.2025
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passed by the Juvenile Justice Board, Saran at Chapra, the
petitioner preferred Criminal Appeal No. 42/2025 in the court of
st
learned 1 Additional Sessions Judge-cum-Children Court,
Saran at Chapra. The appellate court, vide order dated
21.01.2026 dismissed the appeal and upheld the order dated
03.09.2025 passed by the Juvenile Justice Board, Saran at
Chapra.
07. Being aggrieved by the two concurrent orders of
the learned subordinate courts, the petitioner has moved before
this Court in the present revision petition.
08. Learned counsel appearing on behalf of the
petitioner submits that the impugned orders are bad in law as
well as on facts. The learned appellate court as well as learned
Juvenile Justice Board passed the orders without considering the
merits of the case. Learned counsel further submits that the
allegation of stabbing the brother of the informant is specific
against coaccused Aman Kumar and Anil Kumar Thakur and
allegation against the petitioner is general and omnibus. It also
apparent from the FIR that both the parties are pattidar . Learned
counsel further submits that both the courts below overlooked
the provisions of law as laid down under Section 12 of the
Section 12 of the Juvenile Justice (Care and Protection of
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Children) Act (in short ‘JJ Act’). Learned counsel further
submits that the seriousness of allegation or gravity of offence
could not be any consideration for refusal of bail to the
petitioner. Both the courts below failed to consider the fact that
the petitioner has been in custody since 11.02.2025 and he has
no criminal antecedent and keeping him in custody will ruin his
career. The learned courts below rejected the prayer for bail of
the petitioner as the SIR report mentions that there is
requirement to keep the petitioner in safety as there is threat to
the life of the petitioner and his parents, if he is released. The
learned subordinate courts, without any supporting materials,
came to a finding that releasing the CICL on bail might expose
him to moral, physical, or psychological danger and held that
his return to the family may lead to exposure to potential risk
and harm. Thus, learned counsel submits that there is no
material to keep the petitioner in observation home and the
orders impugned are not sustainable.
09. Learned counsel for the opposite party no. 2 as
well as learned APP for the State vehemently oppose the
submission made on behalf of the petitioner. Learned counsel
for the opposite party no. 2 submits that there is allegation
against the petitioner of assaulting the mother of the informant
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and other victims and the family members of the petitioner are
also accused in this case. Learned counsel further submits that if
the petitioner is enlarged on bail, there is possibility that he
might commit the same offence again.
10. I have given my thoughtful consideration to the
rival submission of the parties and perused the record.
11. Section 12 of the JJ Act 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.
12. 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 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
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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 Act of 2015 provides for Principle of repatriation
and restoration providing that a CICL shall have the right to re-
unite with his family and to be restored to the social, cultural
and the economic background that he came from unless such
restoration and repatriation is not in the CICL’s best interest.
13. 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 known criminals 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 Courts for reformation and rehabilitation of a
CICL.
14. Coming back to the facts of the present case, from
the SIR and the SBR, I do not find any material to substantiate
petitioner coming into contact with any known criminals, if
released on bail or the petitioner is having no guardianship. The
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SIR shows that there is threatening being given to the petitioner
and family members and it would be safe to keep the petitioner
in custody. But, 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. The findings of the learned
subordinate courts is not supported with any cogent material and
nothing has come on record which may substantiate the belief
that release of the petitioner would bring him into contact with
any known criminals or his release would expose him to moral,
physical or psychological danger and would defeat the ends of
justice. Since the condition mentioned in Section 12 of the JJ
Act 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.
15. Accordingly, the order dated 21.01.2026 passed in
Criminal Appeal No. 42 of 2025 by the learned Additional
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Sessions Judge-I-cum-Children Court, Saran at Chapra is set
aside. Consequently, the order dated 03.09.2025 passed by the
learned Juvenile Justice Board, Saran at Chapra, in JJB Case
No. 134 of 2025, arising out of Chapra Town P.S. Case No. 936
of 2023 rejecting the prayer for bail of the petitioner is also set
aside.
16. The petitioner/ CICL, is directed to 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. 134 of
2025, arising out of Chapra Town P.S. Case No. 936 of 2023,
subject to the following conditions:
i) One of the bailors will be the parents of
the petitioner and 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.
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17. Accordingly, the revision petition stands allowed.
18. Office is directed to return the Lower Court
Record, if any.
(Arun Kumar Jha, J)
Anuradha/-
AFR/NAFR NAFR
CAV DATE -
Uploading Date 02.09.2026
Transmission Date 02.09.2026