Hon'ble Court allowed criminal revision for enlargement of petitioner, a juvenile (14 years 10 months), on bail in a narcotics case involving ganja recovery, directing interim custody by probation officer with family surety.
Petitioner enlarged on bail of Rs.25,000/- with two sureties, one being a family member, under probation officer supervision.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.721 of 2018
====================================================== 1. Raushan Kumar S/o Om Prakash Giri, resident of Village- Shankarpur, P.S.- Haspura, District- Aurangabad. Under the guardianship Om Prakash Giri S/o Hardev Giri, resident of Village- Shankarpur, P.S.- Haspura, District- Aurangabad.
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Kumar Giri For the Respondent/s : Mr. Sri Murlidhar
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
This revision application has been preferred against the order dated 6.6.2018 passed in Criminal Appeal No.30 of 2018/08 of 2018 by Sri Vinod Kumar Tiwari, 1st Addl. Sessions Judge, Aurangabad which had been preferred by the petitioner against the order dated 17.5.2018 passed by the Juvenile Justice Board, by which the prayer for bail of the petitioner was rejected.
3 24-09-2018
The prosecution case in short is that the police intercepted a Pick-up Van, four accused persons including the petitioner was arrested there, on search from the deposition of the petitioner, Rs.1,20,000/- was found and from the van 750 KG. of Ganja was recovered. It further appears that later on the petitioner has taken a plea of juvenile and his age was assessed as 14 years, 10 months, and 20 days as such he is below 16 years of age.
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Learned counsel for the petitioner has assailed the judgment on the ground that nothing has been recovered from his conscious possession and he is in custody since 2.10.2016 and due to his custody, his study has been interrupted and there is no criminal antecedent of the petitioner and further the father of the petitioner is ready to fulfill every condition imposed by the Board, however, the learned J.J.B. has rejected the prayer for bail on the ground of recovery of huge quantity of Ganja and the social investigation report is also not proper and there is chance of repetition of same occurrence, if he is allowed bail but that is against the materials available on the record and he is ready to abide by any condition imposed upon him.
Heard learned APP.
Having heard both sides and from perusal of the record, it appear that though he has been found juvenile aged about 14 years, 10 months and 20 days but the social investigation report is against the petitioner, however, the petitioner has remained in custody since 2.10.2016 i.e. about two years and at best he should be convicted for three years and moreover father of the petitioner is ready to give an undertaking that he will be under the supervision of parents or probation Officer.
Having head booths sidies and in view of the facts and
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circumstances, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Juvenile Justice Board, Aurangabad in connection with G.R.Case No.12 of 2016, J.J.B. No.670 of 2018 corresponding to Muffasil P.S.Case No.164 of 2016 with condition that one of the bailors shall be family members and once he will be released, he will be under the supervision of probation Officer till pendency of this case.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J)
chn/-
U T
1 issue framed by the court
Whether bail should be granted to a juvenile accused of narcotics offence considering his custody duration and intent to furnish family surety.
Raushan Kumar
The State of Bihar
VINOD KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
