Court says bail to Children in Conflict with Law cannot be denied merely because of the seriousness of the offence; orders inquiry into alleged age and security lapses.
The Patna High Court has granted bail to two petitioners declared as Children in Conflict with Law (CICL) in a narcotics case, holding that under the Juvenile Justice (Care and Protection of Children) Act, 2015, bail to a juvenile is the rule and denial is permissible only on specific statutory grounds.
Justice Arun Kumar Jha allowed two criminal revision petitions arising out of DRI Patna Unit Case No. 01 of 2024-25, in which the petitioners were accused under Sections 8(c), 20(b)(ii)(c), 25 and 29 of the NDPS Act. The case involved recovery of 65.940 kg of ganja from a vehicle intercepted by the Directorate of Revenue Intelligence (DRI) on the basis of secret information.
According to the prosecution, the contraband was recovered from a hidden cavity in the chassis and footstep area of the vehicle. The petitioners were initially recorded as adults at the time of apprehension, but later the Juvenile Justice Board, Patna, declared them juveniles after age inquiry. Their bail pleas were rejected by the Juvenile Justice Board and the appellate court, leading to the revision petitions before the High Court.
The petitioners argued that the lower courts had denied bail on mere assumptions and without any concrete material showing that their release would bring them into contact with criminals, expose them to moral, physical or psychological danger, or defeat the ends of justice. They also contended that the gravity of the NDPS allegations alone could not justify denial of bail to a juvenile.
The DRI and the State opposed the plea, stressing the seriousness of the offence and the commercial quantity of ganja allegedly recovered. They argued that releasing the petitioners could expose them to bad company and frustrate the ends of justice.
The High Court, however, held that Section 12 of the JJ Act makes it clear that a CICL can be denied bail only if one of the statutory exceptions is made out. The Court emphasized that the Act is child-centric and that the “best interest of the child” is the guiding principle. It observed that institutionalization is a measure of last resort and that the focus of juvenile justice must remain on reform, rehabilitation and reintegration into society.
The Court further ruled that the seriousness of the NDPS offence, by itself, cannot be a ground to refuse bail to a juvenile. Finding no cogent material to show that the petitioners would come into contact with anti-social elements or suffer moral, physical or psychological harm, the Court set aside the orders of the Juvenile Justice Board and the appellate court.
The petitioners were directed to be released on bail on furnishing a bond of Rs. 10,000 each with two sureties of like amount, subject to conditions including the presence of a parent as one surety and regular appearance before the Board.
At the same time, the Court expressed concern over certain “disturbing facts,” noting that the petitioners were initially treated as adults and later found to be juveniles. It also found it unusual that the two allegedly travelled from Guwahati to Patna without identification documents or a driving licence. The Court directed the SSP, Patna, to conduct a detailed inquiry into their age, educational background, and possible security lapses, and to submit a report within three months.
The Court also granted liberty to the State and the DRI to seek cancellation of bail and review of the juvenile declaration if the inquiry reveals concealment of facts or fraud.
Bottom Line:
Juvenile Justice (Care and Protection of Children) Act, 2015 - Bail cannot be denied to a Child in Conflict with Law (CICL) unless there are specific grounds like contact with criminal elements, moral, physical or psychological danger, or defeating the ends of justice.
Statutory provision(s): Juvenile Justice (Care and Protection of Children) Act, 2015 Section 3, Juvenile Justice (Care and Protection of Children) Act, 2015 Section 12, NDPS Act Section 8(c), NDPS Act Section 20(b)(ii)(c), NDPS Act Section 25, NDPS Act Section 29
XX (CICL) v. D.R.I. Patna, (Patna) : Law Finder Doc Id # 2981987
