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Judgment
Both criminal revision petitions are arising out of same FIR and in view of that, both these petitions have been heard together with consent of the parties.
Heard Mr. Santosh Kumar Soni, learned counsel appearing for the petitioners, Mr. Fahad Allam and Mr. Rajesh Kumar, learned counsel appearing for the State in respective cases and Mr. Himanshu Harsh, learned counsel appearing for the informant.
In these criminal revision petitions, the prayers have been made to set-aside the order dated 09.07.2026 passed in Criminal Appeal (Juvenile) No.147/2026 by the learned Additional Sessons Judge-I cum Spl. Judge, Children Court, Hazaribag, whereby, the appeal filed by the petitioners has been dismissed and the order of the learned Principal Magistrate, Juvenile Justice Board, Hazaribag has been affirmed. The prayers have also been made to set-aside the order dated 22.05.2026 passed by the learned Principal Magistrate, Juvenile Justice Board, Hazaribag in connection with Daru P.S. Case No.20 of 2026, registered for the alleged offence under Section 126(2), 115(2), 118(1), 109(1) and 3(5) of the BNS, whereby, the prayer for regular bail of the petitioners has been rejected vide order dated 22.05.2026.
Learned counsel for the petitioners submits that the petitioners were aged about 17 years at the time of alleged occurrence. He next submits that the petitioners are in remand home since 04.04.2026. He further submits that the alleged occurrence has taken place in Ramnavmi procession and the allegations are made that three accused persons had caught hold the deceased and one accused has stabbed him. He then submits that initially FIR was registered under Section 109(1) of BNS, however, in course of time, the injured person has died and now Section 103(1) of the BNS has been added. He also submits that the petitioners are being represented by their father and mother respectively and they are ready to give undertaking to the effect that they will keep the petitioners in good behaviour and character in future and they will prevent the petitioners from associating with any known criminal and from exposing them to moral, physical or psychological danger and they are ready to swear an affidavit in this regard. He next submits that the major accused persons have moved before this Court in B.A. No.7437 of 2026 and they have been granted regular bail by the Coordinate Bench of this Court. On these grounds, he submits that bail may kindly be granted to the petitioners, who are juvenile.
Learned counsel appearing for the State in respective cases as well as the informant jointly opposed the prayer and submit that there is direct allegation against the petitioner, namely, Karan Kumar in Criminal Revision No.931 of 2026 of stabbing and in view of that, the prayer for bail of the petitioners may kindly be rejected.
On perusal of the FIR and materials in the case diary, it transpires that even the deceased has taken name of Karan Kumar of stabbing him and pursuant to that later on he has died. There is no doubt that Karan Kumar is also a juvenile, however, there is direct allegation against him. It is a case of murder. The gravity of offence cannot be over looked. The Court further finds that so far as the reasoning of the learned appellate Court while rejecting the petition, so far as Karan Kumar is concerned, is found to be good one. In that view of the matter, the prayer for bail of the petitioner, namely, Karan Kumar in Criminal Revision No.931 of 2026 is, hereby, rejected.
So far as the petitioner in Criminal Revision No.939 of 2026, namely, Manish Kumar @ Verma is concerned, his case is identical to those major accused persons who have been granted regular bail by the Coordinate Bench of this Court in B.A. No.7437 of 2026 (supra).
From Section 12 of the Juvenile Justice Act, it transpires that seriousness of the alleged offence or the age of the juvenile is also no relevant consideration for denial of bail above 16 years of age and is alleged to have committed a heinous offence is also entitled to get bail under Section 12 of the Act, 2015. There is no classification, whatsoever, provided in Section 12 of the Act, 2015 with regard to grant of bail. Section 12 of the Act is applicable to all juveniles in conflict with law without any discrimination of any nature.
In that view of the matter, so far as the petitioner in Criminal Revision No.939 of 2026, namely, Manish Kumar @ Verma is concerned, his prayer is allowed and consequently, the order dated 09.07.2026 passed in Criminal Appeal (Juvenile) No.147/2026 by the learned Additional Sessons Judge-I cum Spl. Judge, Children Court, Hazaribag and the order dated 22.05.2026 passed by the learned Principal Magistrate, Juvenile Justice Board, Hazaribag in connection with Daru P.S. Case No.20 of 2026, so far as petitioner in Criminal Revision No.939 of 2026 is concerned, are hereby set-aside.
Let the revisionist, namely, Manish Kumar @ Verma in Criminal Revision No.939 of 2026, who is in remand home since 04.04.2026 be released on bail via assurance and surety given by his natural guardian/father in connection with Daru P.S. Case No.20/2026, after furnishing a personal bond of his father (Vicky @ Vikash Kumar Verma) with two sureties of his relative each in the like amount to the satisfaction of Juvenile Justice Board, Hazaribag subject to the following conditions: -
Natural guardian/father will furnish an undertaking that upon release on bail the revisionist will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or psychological danger and further that the father will ensure that the juvenile will not repeat the offence.
Natural guardian/father will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.
Juvenile and natural guardian/father will report to the Probation Officer on the second Monday of every calendar month commencing with the second Monday of October, 2026, and if during any calendar month the second Monday falls on a holiday, then on the following working day.
The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board, Hazaribag on such a periodical basis as the Juvenile Justice Board may determine.
Resultantly, Criminal Revision No.939 of 2026 is allowed and Criminal Revision No.931 of 2026 is dismissed. Pending I.A., if any, stands disposed of.