Jharkhand High Court
Putu Mishra @ Himanshu Mishra vs The State Of Jharkhand on 3 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1210 of 2022
------
Putu Mishra @ Himanshu Mishra ... ... Petitioner
Versus
The State of Jharkhand ... ... Opp. Party
--------
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
--------
For the Petitioner : Mr. Vishal Kr. Trivedi, Advocate
For the State : Mr. Ravi Prakash, Spl. P.P.
--------
rd
Order No. 04: Dated: 03 February, 2023
Heard, learned counsel appearing on behalf of the petitioner
and learned Addl. P.P. appearing on behalf of the State.
It is submitted that on behalf of the petitioner that instant
Criminal Revision is directed against the judgment and order dated
06.10.2022 passed by learned Additional Sessions Judge-I, East
Singhbhum, Jamshedpur in Criminal Appeal No.138 of 2022 and also
for setting aside the order dated 08.08.2022 passed by learned Principal
Magistrate, Juvenile Justice Board, Jamshedpur arising out of
Sitaramdera P.S. Case No.84 of 2022 registered under Sections 17(a),
21(a), 22(a) and 29 of NDPS Act whereby and whereunder the prayer
of petitioner for grant of bail being the juvenile was rejected by the
Juvenile Justice Board and that has been affirmed by the lower
appellate court.
It has pointed out that the allegation against the petitioner was
that he along with co-accused person was alleged to have been
involved in the sale and purchase of narcotic drugs namely brown
sugar and the co-accused, Shukhram Munda @ Sukhram Munda, who
was caught on the spot with the brown sugar measuring 1.5620 gram
contained in 17 pouch and his name appeared in this case on the basis
of confessional statement of co-accused Shukhram Munda @ Sukhram
Munda.
It has been pointed out that the petitioner is Juvenile, aged
about 16 years, 06 months and 27 days and he was not caught on the
spot rather his name has appeared on the basis of co-accused,
Shukhram Munda @ Sukhram Munda, who has been enlarged on bail
by co-ordinate Bench of this Court vide B.A. No.9228 of 2022.
It has been further been pointed out that the co-accused
persons, namely, Mangal Singh @ Mangal Bhuiyan vide B.A. No.10072
of 2022 and Ajay Yadav vide B.A. No.10006 of 2022 have been
enlarged on bail by co-ordinate Bench of this Court and this child is
conflict with law has been in jail since 28.05.2022 and quantity of the
contraband (Brown sugar) alleged to have been recovered is small
quantity and the maximum punishment one year and further being a
juvenile one opportunity may be provided to this petitioner to come
into the main stream of the society and therefore, he may be enlarged
on bail.
On the other hand, learned Spl. P.P. appearing on behalf of the
State opposed the contentions raised on behalf of the petitioner and
stated that this child is in conflict with law although has not been
caught on the spot along with co-accused persons, but he is also
alleged to have been involvement in a serious offence of sale and
purchase of brown sugar, but did not controvert this fact that quantity
which is alleged to have been recovered is small quantity measuring
1.5620 gram.
Having heard, the parties and perused the record of this case.
It is found that petitioner is juvenile aged about 16 years, 06
months and 27 days. It is found that the petitioner is in jail from
28.05.2022 and the co-accused persons namely, Ajay Yadav, Mangal
Singh @ Mangal Bhuiyan and Shukhram Munda @ Sukhram Munda
have been enlarged on bail by co-ordinate Bench of this Court. It has
been pointed out that as per the case diary there is no criminal history
against the petitioner. Further from the impugned order of the lower
appellate Court, it appears that the social investigation report has not
been appreciated by the lower appellate court in the right perspective
under the facts and circumstances of the case where it is found that
this petitioner had fallen in love with the girl and because of such
tender age and also came in contact with some elder peers and
therefore, he was alleged to have been involved in such serious offence
of narcotic drugs being a tender age, but there is nothing in the social
investigation report that he had been indisciplined with elder persons
or disobedient to his neighbour and the parents. In this view of the
matter, this Court finds that it is conducive to afford one opportunity
to the child petitioner to come into the main stream of the society
because the possibility of coming of the petitioner in association with
known criminal is very remote and his release on bail would not cause
any kind of danger to his mental, moral, physical or psychological
aspect and therefore, in the interest of justice one opportunity may be
provided to his petitioner to be enlarged on bail and his release on bail
would not defeat the ends of justice.
Accordingly, the petitioner, namely, Putu Mishra @ Himanshu
Mishra is directed to be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousands only) with two sureties of the
like amount each, to the satisfaction of learned Principal Magistrate,
Juvenile Justice Board, Jamshedpur arising out of Sitaramdera P.S.
Case No.84 of 2022 subject to further condition that one of the bailor
should be parents and an undertaking shall be given by the parents
that this petitioner will be admitted in school to continue his further
education or any other condition or conditions as may be imposed by
Juvenile Justice Board, in order to bring this petitioner into the main
stream of the society.
Accordingly, the impugned order/ judgment dated 06.10.2022
passed by learned Additional Sessions Judge-I, East Singhbhum,
Jamshedpur in Criminal Appeal No.138 of 2022 is set aside.
(Navneet Kumar, J.)
R.S./-
