XYZ (Real Name Withheld) vs The State Of Bihar & Anr.

Date : 07-08-2026

The present appeal has been preferred by the appellant against the impugned order dated 25.05.2026, whereby learned Additional Sessions Judge-Ist-cum-Children Court, Nawada has disposed of two petitions; one petition was filed by the informant, who is Respondent No. 2 herein, for reconstituting the medical board for redetermination of age of the accused, whereas another application was filed by the accused (appellant herein) under Section 12 of the J.J. Act for releasing him on bail.

On the basis of application of the informant, learned J.J. Board was directed to redetermine the age of the child in conflict with law by expert committee of doctors, preferably by experts doctors of P.M.C.H., Patna, whereas the application of the child in conflict with law, who is appellant herein, was simply disposed of holding that it would be just and proper to pass appropriate order on the bail petition after redetermination of age of the child.

Heard learned counsel for the appellant, learned APP for the State and leaned counsel for the informant.

The impugned order is palpably erroneous. Once the age of the child in conflict with law is determined by learned J.J. Board, it can be set aside only in appellate proceeding and by following the procedure of the appeal. But apparently, there is no such appeal filed by the informant against the finding of learned J.J. Board regarding the age of the child in conflict with law. There was simply one application and without following the procedure of the appeal, learned Children Court has allowed the petition directing the J.J. Board to redetermine the age of the child in conflict with law.

Hence, the impugned order to this extent is not sustainable and the same is set aside.

The informant (Respondent No. 2 herein), who had preferred the said petition before learned Children Court for reconstitution of the medical board for redetermination of the age of the child in conflict with law, is given two weeks’ time to file appeal, if aggrieved by the finding of J.J. Board in regard to age of the child in conflict with law and thereafter, learned Children Court shall dispose of that application as per law.

Now coming to the disposal of the bail application filed by the child in conflict with law before learned Children Court, I again find that the bail is one of the urgent matters and disposal of such bail application is not contingent upon outcome of any appeal filed or to be filed by the person concerned. It has to be decided on its own merit without waiting for any outcome of any further proceeding.

Hence, the impugned order to this extent is also set aside and learned Children Court is directed to dispose of the bail application of the child in conflict with law on merit within ten days after receipt of the order by hearing both the parties and if required, it may be heard on day to day basis.

Accordingly, the present appeal is disposed of.