Jharkhand High Court News: ‘Society cannot afford to punish its children’: Jharkhand High Court grants bail to juvenile in conflict with law for board exams

Background

• In 2023, the petitioner was booked under Sections 385 (Putting person in fear of injury to commit extortion), 387 (Putting person in fear of death or of grievous hurt, to commit extortion), 120-B(Punishment of criminal conspiracy)/34 (Acts done by several persons in furtherance of common intention) of the IPC, and under Section 27 (Punishment for using arms)of the Arms Act.
• The trial court and juvenile justice board (JJB)rejected the bail application, citing the risk of the petitioner getting exposed to moral, physical, and psychological danger.
• The reasoning and conclusion of both the courts are not found on reasonable grounds in the light of Section 12 of the JJ Act.
• The father of the petitioner contended that the petitioner was falsely implicated in the case.
• On October 28, 2025, the petitioner was sent to an observation home.
• The social investigation report demonstrated his good behavior during the period of detention.
• Following this, the father of the petitioner also stated that there was no eyewitness to the crime, and the petitioner’s name was only brought up in a confessional statement given by the co-accused. 
• It was submitted that the co-accused person who had faced the trial had already been acquitted.
• The father sought his release on bail for his intermediate examinations scheduled to start from February 3, 2026.

Findings

• The reasoning and conclusion of the trial court, as well as the JJB, are not founded on reasonable grounds in the light of Section 12 of the JJ Act.
• Section 12 mandates that any  CCL should generally be released on bail, regardless of whether the offense is bailable or non-bailable, and bail is denied only if release exposes the child to moral/physical danger, brings them into association with known criminals, or defeats the ends of justice. 
• A juvenile can only be denied bail on the following grounds if there appear 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 person’s release would defeat the ends of justice.
• The JJ Act is not meant to punish the children but to protect their future, with reformation and rehabilitation.
• Since both the court lacks material and evidence of reasonable grounds to deny bail to the petitioner, the orders are kept aside, and criminal revision is allowed.
• The revisionist will be released on bail via assurance given by the father and two sureties of the relatives, amounting to the satisfaction of the principal magistrate, the JJB.