Jharkhand High Court
Barnabas Hsa Purti @ Barnabas ... vs The State Of Jharkhand on 6 January, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.482 of 2022
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Barnabas Hsa Purti @ Barnabas Hassa Purty, aged about 15 years, son
of Ignes Hasa Purty @ Egnes Hassa Purty @ Agnes Hssa Purty,
resident of Thana Murhu, Patradih, Sarwada, P.O Murhu, P.S.Murhu,
District-Khunti, represented through his Natural Guardian (Father)
Ignes Hasa Purty @ Egnes Hassa Purty @ Agnes Hssa Purty, son of
Fagua Hassa Purti R/o Patradih, Sarwada P.O and P.S. Murhu, District-
Khunti (Jharkhand) ....... Petitioner
-Versus-
The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : None
For the State : Mr. Shiv Shankar Kumar, A.P.P.
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Order No.07 Dated 06th January, 2023
The present Criminal Revision Application has been filed on
behalf of the Juvenile-petitioner under Section 102 of the Juvenile
Justice (Care and Protection of Children) Act, 2015 for setting aside
the judgment dated 19.04.2022 passed in Criminal Appeal No.36 of
2022 by the learned Additional Judicial Commissioner-IV-cum-
Special Judge (POCSO) Ranchi, by which, the said Criminal Appeal
No.36 of 2022 has been dismissed by rejecting his prayer for bail
and thereby affirming the order dated 20.11.2022 passed by the
Principal Magistrate Juvenile Justice Board, Ranchi in connection
with Lower Bazar P.S. Case No.193 of 2021, corresponding to
NDPS Case No.64 of 2021.
2. As per the F.I.R, it is alleged that the police personnel has
apprehended this juvenile-petitioner with approx Five (05)
Kilograms of Opium at Khadgarah Bus Stand, Ranchi and on
interrogation, the juvenile-petitioner has disclosed that the said
Opium was handed over to him by one Sukhram Kandulna for
supplying it to one Budhram Hassa Purty.
3. Nobody appears on behalf of the petitioner.
4. Mr. Shiv Shankar Kumar, learned counsel for the State has
opposed prayer for bail and has submitted that the petitioner has
been caught red handed with five (05) Kilograms of Opium, which
is a commercial quantity. It is further submitted even as per the FSL
report, the recovered material is found to be Opium. It is further
submitted that several witnesses namely, Sanjay Kumar, Deepak
Kumar, Naveen Kumar and Jai Prakash Narayan Rai, whose
statements have been recorded at paragraph Nos.4, 5, 7 and 8 of the
case diary, have supported the recovery of Opium from the
possession of this juvenile-petitioner and his prayer for bail may be
rejected.
5. Perused the records of this Criminal Revision Application and
the scanned copies of the Lower Court Records.
6. From perusal of the FIR, it appears that five (05) Kilograms of
Opium was recovered from the possession of this juvenile petitioner
and the said Opium was handed over to him by one Sukhram
Kandulna for supplying the same to one Budhram Hassa Purty and
for which, the petitioner has been paid Rs.7,000/ by the co-accused.
7. It further transpires from the impugned order passed by the
learned Court below that the petitioner has got no criminal
antecedent and he is in custody since 01.08.2021.
8. From perusal at paragraph No.(XIII) of grounds of this
Criminal Revision Application, it appears that the Father and Mother
have given Undertaking before this Court to take care of the
juvenile-petitioner and they will further try their level best to
provide special care to the juvenile-petitioner for his bright future.
9. Considering the period of custody of the juvenile-petitioner
and giving an Undertaking by the Father of this Juvenile-petitioner,
the juvenile-petitioner namely, Barnabas Hsa Purti @ Barnabas Hassa
Purty, is directed to be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of Principal Magistrate Juvenile
Justice Board, Ranchi in connection with Lower Bazar P.S. Case
No.193 of 2021, corresponding to NDPS Case No.64 of 2021,
subject to the condition that the Guardian i.e, Father shall be the
bailors of the juvenile petitioner, with further condition that the
Father of the juvenile-petitioner shall submit his self-attested copy
of his Aadhar Card and Mobile Number before the learned Court
below and which shall not be changed till disposal of this case and
the Father of the juvenile-petitioner shall produce the juvenile-
petitioner before the learned court below as and when required, with
the further condition that the Father and this juvenile petitioner shall
not leave the District of Ranchi without prior permission of the
learned Court below, failing which, the prosecution will be at liberty
to take steps for cancellation of his bail in accordance with law.
10. Thus, in view of above judgment 19.04.2022 passed in
Criminal Appeal No.36 of 2022 by the learned Additional Judicial
Commissioner-IV-cum-Special Judge (POCSO) Ranchi and the
order dated 20.01.2022 passed by the Principal Magistrate Juvenile
Justice Board, Ranchi, are set-aside in the interest of justice.
11. Accordingly, this Criminal Revision No.482 of 2022 is
allowed and stands disposed of.
12. Let a copy of this order be communicated to the Senior
Superintendent of Police, Ranchi.
(Sanjay Prasad, J.)
Raja/-
