IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.215 of 2025 Arising Out of PS. Case No.-584 Year-2024 Thana- GOPALGANJ TOWN District-

Gopalganj ======================================================

Juvenile X Through his father Krishna Prasad, Son of krishna prasad Resident of village - Kaithwaliya, P.S - Gopalganj, District - Gopalganj ... ... Petitioner/s Versus

1. The State of Bihar

2. Brajesh Kumar S/O Late Jawahar Sah R/O Vill.- Hajiapur, Kaithwalia, Ward No.- 8, P.S and Dist.- Gopalganj.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Ranjan Kumar Srivastava, Adv.

Mr. Shashwat Srivastava, Adv.

For the State : Md. Iftekhar Mahmood, APP For the OP No. 2 : Mr. Anirudh Kumar Verma, Adv.

Mr. Vyas Kr. Mishra, Adv.

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL JUDGMENT

Date : 09-02-2026 Heard learned counsel for the petitioner and learned counsel for the opposite party no. 2 and learned counsel for the state.

02. The instant revision petition is preferred on behalf of the petitioner for setting aside the impugned judgment dated 07.01.2025 passed by learned Additional Sessions Judge-1st Gopalganj in Criminal Appeal No. 31 of 2024 arising out J.E. No. 398 of 2024 in connection with Gopalganj P.S. Case No. 584 of 2024 for the offences under Section 103(1), 3(5) of the B.N.S. whereby and whereunder the learned Additional Sessions Judge-1st Gopalganj rejected the appeal of the petitioner for grant of bail and the order dated 23.10.2024 of learned Juvenile Justice Board, Gopalganj was upheld.

The present revision is also preferred against order dated 23.10.2024 passed by the learned Juvenile Justice Board, Gopalganj in Gopalganj P.S. Case No. 584 of 2024 wherein the prayer for regular bail of the petitioner was rejected.

03. Briefly stated facts of the case are that the son of the informant/opposite party no. 2 went with the petitioner and other co-accused persons and later on his dead body was recovered and it was found he was stabbed to death.

04. The petitioner was declared a juvenile on

02.09.2024 and his prayer for bail was rejected vide order dated 23.10.2024 by the learned JJ Board in JE No. 398 of 2024 arising out of Gopalganj PS Case No. 584 of 2024. The appeal against the said order was rejected vide judgment dated 07.01.2025 passed in Criminal Appeal No. 31 of 2024 by the learned Additional Sessions Judge-I, Gopalganj. Against these orders, the petitioner has approached this Court in the instant revision petition.

05. Learned counsel for the petitioner submits that the orders of learned Subordinate Courts are not sustainable as the orders have been passed without appreciation of facts and the law. There is no eye witness to the alleged occurrence and without any substantive material, this petitioner has been made accused in this case. FIR has been lodged after delay of two days without any satisfactory explanation. Moreover, the gravity and seriousness of offences could not be a ground for rejection of bail to juvenile/child in conflict with law(in short “CICL”). There is no material on record to show that the case of the petitioner falls in any of the conditions prescribed under Section 12 of the Juvenile Justice (Care and Protection of Children) Act (in short “JJ Act”) for rejection of prayer of bail of the petitioner. Merely on assumption that the petitioner would go in contact with any known criminals and there is possibility of danger to rehabilitation and reformation of the petitioner, the prayer for bail of the petitioner was rejected. Further fact weighing on the minds of the courts below was the fact of recovery of knife at the instance of the petitioner. But the scope of Section 3 of the JJ Act makes it clear that the purpose of law is to reform the child and not to penalize him for any act done in juvenility. Learned counsel further submits that the petitioner is in custody since 07.08.202