JUDGMENT :

JITENDRA KUMAR, J.

The present appeal has been preferred by the appellant against the impugned order dated 09.06.2026, passed by learned Children Court-cum-1st District and Additional Sessions Judge, Rohtas at Sasaram in G.R. No. 05 of 2026, arising out of Sasaram (Muffassil) P.S. Case No. 102 of 2026, registered for the offence punishable under Sections 103(1) and 3(5) of B.N.S., 2023, whereby learned Children Court has rejected the bail application of the appellant filed under Section 12 of the J.J.Act, holding as follows :

“After giving due attention to the averments of both parties, it goes to appear from the record that the F.I.R. has been registered under section 103(1), 3(5) of Bharatiya Nyaya Sanhita, 2023 after murder of the victim Hasan Raja Khan as discussed above. In the case of such juvenile the provisions of section 12 of Juvenile Justice (Care and Protection) Act, 2015 come into play wherein and whereunder it has been specified that it has to be kept in mind that as to whether the release of such child is likely to bring such person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice, and the court shall record the reasons for denying the bail and circumstances led to such a decision. In view of the such provisions the report reduced into writing by the probation officer, in its social investigation report(SIR) necessitates this court to tread on. The report as such of dated 21.04.2026 submitted by District Probation Officer, Sasaram, Rohtas contains that the petitioner is studying in 11th class and passed the matriculation exam in second division, and he added that the CICL is under effect of the daredevilness approach and the applicant is not matured. Which indicates that the release of such applicant may expose him to the danger as provided in section 12 of Juvenile Justice(care and protection) Act and during the course of enquiry, para-14 of the case diary, it reveals that the recording of CCTV in which the CICL had been seen dragging the deceased through the street. Taking note of the material as such and the matter as such this court is of the view if such a child is left out of the observation he may go into association of known criminals which may defeat the ends of justice. Taking the future interest of the child and the society as well, this court is not of the view to extend the privileges of bail at this point of time. Accordingly, the prayer for bail is refused with a direction to in charge of place of safety to take step for the rehabilitation of the CICL.”

Prosecution Case

2. The prosecution case, as emerging from the written report filed by one Sadina Khatoon, is that on 24.03.2026, her victim-son, Hasan Raja Khan @ Aatif Khan was returning from Sasaram along with his friends. But when he reached near Muradabad Majar, the appellant along with other six co-accused were waiting for him to assault. They surrounded the victim and assaulted him to death by lathi, danda, bricks, iron rod and gadasa. The friends of the victim were also surrounded and attempted to be assaulted. However, somehow, they escaped. But their motorcycle was damaged by the assailants. The incident was informed to the informant by the friends of the victim-son and the villagers and the informant reached the place of occurrence and identified the dead body of her son in the hospital. It is also alleged that even previously, the assailants had attempted to assault her victim-son.

Submissions of the parties.

3. Heard learned counsel for the appellant, learned APP for the State and learned counsel for the informant/Respondent No. 2.

4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in this case. Substantiating his submission, learned counsel for the appellant further submits that the informant, who is mother of the alleged victim, is not an eye-witness to the a