Patna High Court – Orders
Anurag Chaudhary vs The State Of Bihar on 31 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4686 of 2024
Arising Out of PS. Case No.-436 Year-2023 Thana- NARPATGANJ District- Araria
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Anurag Chaudhary S/o Anand Choudhary @ Ananda Chaudhary R/o Village-
Jhumka, P.s.- Pokhali, Distt.- Sunari Pradesh No. 1 (Nepal) under
guardianship of his father Anand Chaudhary (Diseased) now under
guardianship of Mother namely Reeta Chaudhary @ Rita W/o Anand
Chaudhary @ Ananda Chaudhary, r/o vill - Jhumka, P.S.- Pokhali, Distt.-
Sunari Pradesh No. 1 (Nepal)
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Kundan Kumar Singh, Advocate
For the Respondent/s : Mr. Syed Ashfaque Ahmad, APP
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL ORDER
6 31-07-2025
This is an appeal under Section 101(5) of Juvenile
Justice (Care and Protection of Children) Act, 2015 (hereinafter
described as the ‘said Act’).
2. Against an order dated 02.04.2024 passed by the
learned Additional Sessions Judge-I-cum-Special Judge, Araria
in Special (Child) Case No.03/2024 arising out of Narpatganj
(Basmatia) P.S. Case No.436 of 2023 rejecting an application
for bail of the CICL.
3. Mother of the CICL has filed the instant appeal,
assailing the order passed in the above case by the Children’s
Court.
4. It is pertinent to mention at this stage that the
petitioner was apprehended by S.S.B. (Personnel) on 26.07.2023
Patna High Court CR. APP (SJ) No.4686 of 2024(6) dt.31-07-2025
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with a bag in his hand. On search, the Arresting Officer found
380 numbers of Tramol-50 Tablets. The said tablets being in the
nature of Narcotic drug were seized and a case under Section
21(C), 22, 23 of the N.D.P.S. Act was registered against the
petitioner/CICL.
5. Since on the date of commission of offence the
petitioner was more than 16 years of age and and the ‘offence
complained of was “heinous offences” within the meaning of
section 2(33) of the said Act, the Board sent the record to the
Children Court for Trial and disposal. The Children’s Court vide
order dated 02.04.2024 rejected the application for bail
considering Social Background Report submitted by the
Probation Officer.
6. It is needless to say that Section 12 of the said Act
speaks about the proviso of bail to a person who is apparently a
child alleged to be a Conflict with Law. Section 12 of the said
Act, runs thus:-
“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
Patna High Court CR. APP (SJ) No.4686 of 2024(6) dt.31-07-2025
3/6Criminal 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 observationhome 1[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 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 fulfill 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.”
7. A plain reading of the provisions contained in
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Section 12 of the said Act is that a person who is apparently a
Child in Conflict with Law shall be released on bail
notwithstanding anything contained in the Code of Criminal
Procedure subject to the following limitations :-
(i) If their appears reasonable grounds for believing
that the release is likely to bring that person into association
with known criminal,
(ii) such release is likely to expose the said person to
moral, physical and psychological danger and
(iii) the persons released would defeat the ends of
justice.
8. The above-mention three limitations can be taken
as defence against the prayer for bail of CICL. Such defence can
be raised during hearing of the bail application by the
prosecution. In other words, it is the duty of the prosecution to
establish at-least prima-facie, at the time of hearing of the bail
petition that the release of the CICL would likely expose him to
moral, physical and psychological danger or to bring him into
association with any known criminal or his release would defeat
the ends of justice.
9. It is found not only in the impugned order but
almost all the orders passed by the learned Special Judge,
Children’s Court that the learned Judges come to such finding
on the basis of Social Investigation Report (SIR) or Social
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Background Report (SBR). It is not the duty of the learned
Judge in Children’s Court to build up self estimated defence
against the prayer for bail of a CICL.
10. On careful perusal of the impugned order very
closely, I did not find that the learned Advocate for the
prosecution had brought to the notice of the learned Special
Judge, Children’s Court about the limitations against granting
bail as contained in the proviso to Sub Section (1) of Section 12
of the said Act.
11. The Trial Court had dealt with the issue on
surmise and conjecture, when he decided the case on the touch
stone of morality and observed that for a child like the CICL,
such offences is not desirable. On such observation he came to
the finding that there was lack of control of the family members
over the CICL. The provisions of the said Act is to be
considered on the basis of the principles contained in Section
3(i) and (iv). No such discussion has been made by the learned
Trial Judge.
12. For the reasons stated above, I am inclined to
allow the instant appeal. Accordingly, the appeal is allowed and
order dated 02.04.2024 passed by the learned Additional
Sessions Judge-I-cum-Special Judge, Araria in Special (Child)
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Case No.03/2024 arising out of Narpatganj (Basmatia) P.S. Case
No.436 of 2023 is set aside.
13. Accordingly, the petitioner/CICL, above-named,
may be granted bail on furnishing bail bond of Rs. 20,000/-
(Rupees Twenty Thousand) with two sureties of the like amount
each, one of whom must be a local surety, to the satisfaction of
the learned Additional Sessions Judge-I-cum-Special Judge,
Araria in connection with Special (Child) Case No.03/2024
arising out of Narpatganj (Basmatia) P.S. Case No.436 of 2023,
with further condition that:-
(I) One of the bailor must be the mother of
appellant.
(II) further condition that if on bail he shall
be under the care and protection of his mother and
under the supervision of the Probation Officer, who
will submit quarterly report about the antecedent of
appellant before the Board and if any such report is
found to be unsatisfactory, the Board is at liberty to
cancel the order of bail without reference to this Court.
14. With the above order, the instant appeal is
allowed.
(Bibek Chaudhuri, J)
mdrashid/-
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