Manish Kumar Singh @ Manish Kumar @ Manish Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No 359 of 2024 Arising Out of PS. Case No.-1074 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== Manish Kumar Singh @ Manish Kumar @ Manish Singh Son Of Dadan Singh Under Guardianship Of His Father Dadan Singh, Aged About 66 Years, Male, Resident Of Village - Gotahar, P.S. - Shiv Sagar, District - Rohtas ... ... Petitioner/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kuber Pathak For the Respondent/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 23-09-2024 Heard.
2 This revision petition has been preferred by the petitioner (juvenile) being aggrieved with the judgment dated 21.03.2024 passed by the learned Additional Sessions Judge I -cum- Special Judge, Children Court, Rohtas at Sasaram in Criminal Appeal No 7 of 2024 whereby and where under the learned Appellate Court affirmed the order of the JJB, Rohtas at Sasaram dated 29.01.2024 passed in JJB Case No 527 of 2023 arising out of Sasaram Town (Darigaon) PS Case No 1074 of 2023 registered for the offence punishable under Sections 20 (b) ii (B), 22 (b) of the NDPS Act and rejected the prayer for bail of the petitioner.
3 According to the case of the prosecution, on
Patna High Court CR. REV. No.359 of 2024(4) dt.23-09-2024 2/3 16.11.2023, on the basis of confidential information, the police officials stopped the bike, which was driven by the present petitioner, and co-accused Guddu Singh was found to be pillion rider. On being searched, from the possession of Guddu Singh, one bag containing 9.900 Kgs of contraband Ganja was seized from the co-accused Guddu Singh. Along with Guddu Singh, the present petitioner was also arrested. He preferred an application before the JJB which was rejected by order dated 29.01.2024 against which appeal was preferred, which was also dismissed by the impugned order dated 21.03.2024.
4 Learned counsel for the petitioner would submit that the petitioner is innocent and he has no knowledge about coaccused Guddu Singh, who was the pillion rider, that he possesses the contraband Ganja. Therefore, learned counsel for the petitioner submits that no case is made out against the petitioner. He further submits that the petitioner is a young boy and is in custody since 16.11.2023. SI Report also does not suggest anything against the petitioner.
5 Learned counsel for the State opposes the prayer for bail.
6 Considering the fact that SI Report of the petitioner does not suggest anything against him and he is in custody since
Patna High Court CR. REV. No.359 of 2024(4) dt.23-09-2024 3/3 16.11.2023, the petitioner is granted the privilege of bail. 7 Accordingly, this revision petition is allowed. 8 Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Rohtas at Sasaram in JJB Case No 527 of 2023 arising out of Sasaram Town (Darigaon) PS Case No 1074 of 2023 subject to the following conditions: (i) That one of the bailors should be the father of the petitioner, and (ii) That the father of the petitioner shall file an affidavit before the concerned Court below, giving specific undertaking that after release of the petitioner on bail, he will take proper care of the petitioner and will not allow him to fall into bad company.
(Arvind Singh Chandel, J) M.E.H./- U T