Kiran Raj

The Patna High Court has granted bail to a juvenile accused of involvement in a murder case, overturning previous orders that had denied his release. The court stated that bail is the norm under the Juvenile Justice (Care and Protection of Children) Act, 2015, and that detention should only be an exception if specific statutory conditions are met. The petitioner, who was accused of playing a role in a fatal shooting, was directed to be released under conditions ensuring his supervision and continued education.

The order states: “The impugned order is not sustainable in the eye of law. It is accordingly set aside and the present petition is allowed directing the petitioner to be released on bail, subject to furnishing a bail bond of Rs.10,000/- by his father. The father of the petitioner is also directed to give an undertaking by way of affidavit that the child does not come into contact with any criminal and he would take care of the developmental needs of the child and ensure that the child would continue his studies and attend the J.J. Board and Courts as and when required or directed.”

The petitioner was charged in connection with the murder of Rahul Kumar, who was allegedly called to a location by the petitioner and his associates before being shot. The case was registered as Khajekala P.S. Case No. 223 of 2022 under Sections 302, 120(B) read with Section 34 of the Indian Penal Code (IPC), Section 27 of the Arms Act, and provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1958.

The Juvenile Justice Board (JJB), Patna City, rejected the petitioner’s bail application on June 20, 2023, citing the nature of the offense and the likelihood of reoffending. The board observed that the juvenile had been influenced by bad company and posed a risk to himself and society if released. The Special Children Court upheld this decision in Criminal Appeal No. 165 of 2023, affirming that the petitioner’s association with individuals of criminal nature and lack of proper upbringing were factors justifying his continued detention.

The petitioner subsequently approached the Patna High Court, challenging the rejection of bail on the grounds that the orders were based on assumptions rather than concrete evidence.

The High Court examined the legal framework governing juvenile bail applications under Section 12 of the Juvenile Justice Act, 2015. The provision mandates that a juvenile should be granted bail unless there are reasonable grounds to believe that release would bring the child into association with known criminals, expose them to moral or psychological danger, or defeat the ends of justice.

The court recorded: “Bail to the juvenile is a rule and refusal is an exception. A juvenile can be denied bail only on the following grounds: (i) if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal, (ii) expose the said person to moral, physical, or psychological danger, or (iii) the person’s release would defeat the ends of justice.”

It noted that while the lower courts had relied on the Social Investigation Report to deny bail, the report did not establish that the petitioner had a history of criminal behavior. The court found that: “There is no material on record to show that on release on bail, the petitioner may come into contact with criminals. The petitioner’s family background is stable, and he has no criminal antecedents.”

The court further noted that the Juvenile Justice Act prioritizes rehabilitation over punishment. It referred to Lalu Kumar @ Lal Babu v. State of Bihar, 2019 (6) BLJ 2016, which stated that the goal of the Act is to reintegrate juveniles into society rather than impose punitive measures.

The High Court observed that the petitioner was entitled to bail under Section 12 of the Juvenile Justice Act. It set aside the previous orders denying bail and directed that the petitioner be released under the supervision of his father. The conditions for bail included a financial bond of Rs. 10,000 and an affidavit from the petitioner’s father ensuring that the child would not associate with criminals and would continue his education.

The court directed: “The release of the petitioner on bail would no way be against the best interest of the child. The father of the petitioner shall ensure that he is kept away from anti-social elements and continues his education.”

It also instructed the Registrar General to circulate the judgment to all judicial officers and law enforcement authorities in Bihar to ensure proper application of the Juvenile Justice Act in future cases.

Case Title: Biswajit Kumar Pandey @ Lalu Kumar v. The State of Bihar

Case Number: Criminal Revision No. 617 of 2024 in Criminal Appeal (SJ) No.1585 of 2024

Bench: Justice Jitendra Kumar

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