Jharkhand High Court
Dinesh Kumar@ Bholu Son Of Ratan Nishad vs The State Of Jharkhand ...... Opp. Party on 12 September, 2024
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.Rev. No. 632 of 2024
Dinesh Kumar@ Bholu son of Ratan Nishad, represented through his father
and natural guardian Ratan Nishad, son of Tula Nishad, resident of Bagbera
Gandhinagar, near Kalimandir, PS-Bagbera, town Jamshedpur, PO-Bagbera
Dis- East Singhbhum .. .. ..Petitioner
--VERSUS--
The State Of Jharkhand ...... Opp. Party
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CORAM: HONBLE MR. JUSTICE RATNAKER BHENGRA
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For the Petitioner : Mr. Rohan Mazumdar,Adv.
For the State : Mr. Vineet Kr. Vashistha, PP
08/DATED: 12-09-2024
When the matter is called out, the learned counsels for the
parties are present.
That in the instant application, the petitioner begs to
challenge the legality, propriety and correctness of the Judgment
dated 06.02.2024 passed by the learned Additional Sessions Judge-
II East Singhbhum at Jamshedpur in Criminal Appeal No. 12 of
2024, whereby and whereunder, an appeal preferred under Section
101 of the Juvenile Justice (Care and Protection of Children) Act,
against the order dated 20.12.2023 passed by learned Principal
Magistrate, Juvenile Justice Board, Jamshedpur in connection
with Bagbera P.S. Case No. 147 of 2023 registered for the offences
punishable under Sections 20/22 of the Narcotic Drugs and
Psychotropic Substance Act (N.D.P.S. Act), 1985 was dismissed
and thereby upheld the order dated 20.12.2023 passed by Principal
Magistrate, Juvenile Justice Board Jamshedpur in connection with
Bagbera P.S. Case No. 147 of 2023, by which the prayer for bail of
the present Juvenile was rejected under Section 12 of the Juvenile
Justice (Care and Protection of Children) Act, and this case is now
pending before the Court of learned Principal Magistrate, Juvenile
Justice Board, Jamshedpur.
The case of prosecution, as per the First Information Report,
which is based on the written report of a Sub-Inspector of Police of
Bagbera P.S., in short, is that in the evening of 04.10.2023 the
Officer- in-Charge got a secret information that the sale and
purchase of Gaanja was going on in an under construction house of
one Mangal, upon which a raiding team was formed and reached at
the under construction house, the door whereof was found open
and the appellant was found sitting with a bag and two other boys
were standing at some distance, who ran away seeing the police
party, but the appellant was apprehended. It is also case of
prosecution that the boy disclosed that he used to sell Gaanja at
that place for the house owner Mangal, who used to give him Rs.
300/- per day. It is further case of the prosecution that upon
searching the appellant a cash amount of Rs. 7,430/- and 71
packets of Gaanja were recovered from his possession, the total
weight whereof was 384 gm.
The learned counsel for the petitioner submits that only 384
grams of narcotics substance of ganja has been recovered from the
possession of the petitioner which is an absolutely minimal amount
and therefore based on this amount only, the bail of the petitioner
may be considered. The counsel further submitted that the
petitioner has got no criminal antecedents apart from this present
case. The petitioner is in custody since 05/10/2023 and therefore
even otherwise he has spent almost about a little less than a year in
custody.
The learned counsel for the State has opposed the prayer for
bail of the petitioner and submitted that objectionable substance
i.e. ganja was recovered from the possession of the petitioner.
Having heard learned counsels for the parties and in the
facts and circumstances on record, the petitioner, named above,
is ordered to be released on bail on executing bail bond of Rs.
25,000/- (Rupees Twenty Five Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Principal Magistrate, Juvenile Justice Board, Jamshedpur in
connection with Bagbera PS Case No. 147 of 2023 subject to
the conditions that:-
i) the petitioner shall submit self-attested photocopy of
his Aadhaar Card and mobile number before the learned court
below which he will always keep active and will not change it
during pendency of the case without prior permission of the
Court
ii) one of the bailors shall be father or guardian of the
petitioner.
iii) the father or guardian of the child shall admit him
into a school or vocational course to continue his studies.
iv) the Secretary, DLSA should assist in procuring
admission into such aforesaid school or institution.
v) the father or guardian shall inform about
developments in child's situation to the Probation officer every 3
month.
vi) any other conditions the Secretary, DLSA may also
consider fit and proper.
Criminal Revision No. 632 of 2024 is allowed.
Abha/- (Ratnaker Bhengra, J.)
