3 hrs ago
Patna High Court Grants Bail to Juveniles in Ganja Case
The Patna High Court gave bail to two teenagers accused of transporting 65 kg of ganja.
A lower juvenile court and an appeals court had previously refused them bail.
The teenagers were found to be 15 years and 9 months old and 16 years old when the alleged offence happened.
The High Court said children accused of crimes should usually receive bail.
Bail can be refused only if there is a clear risk of criminal influence, danger to the child, or harm to the legal process.
The court said the amount of ganja alone was not enough to keep them in custody.
However, the court was concerned because officials first treated them as adults.
It also questioned how they traveled from Guwahati to Patna without identification, vehicle papers, or a driving licence.
The Patna SSP must investigate these issues within three months.
If the inquiry finds that age-related facts were hidden or falsified, authorities may ask to cancel the bail.
The Patna High Court granted bail to two juveniles accused in a case involving 65 kg of ganja.
The Juvenile Justice Board and appellate court had earlier rejected their bail applications.
The court said bail for children in conflict with law is the rule unless specific statutory grounds for denial exist.
It found that the alleged offence’s gravity or commercial quantity alone could not justify denying bail.
The Patna SSP must complete a three-month inquiry into the juveniles’ ages, education, benefits, and interstate journey.
- Who
- The Patna High Court, two juveniles accused in the ganja case, the Patna SSP, the Juvenile Justice Board, and DRI are involved.
- What
- The High Court granted bail to the two juveniles and ordered a three-month inquiry into their ages and related circumstances.
- Where
- The alleged journey was from Guwahati, Assam, to Didarganj in Patna.
- When
- The inquiry must be completed within three months; the date of the High Court’s order is not specified.
- Why
- The court found no specific statutory grounds to deny bail and held that the alleged offence’s gravity or commercial quantity alone was insufficient.
Juvenile Bail Protections
Investigation Concerns
Whether bail should be denied
Juvenile Bail Protections
The High Court held that bail is the rule for children in conflict with law and can be refused only on specific statutory grounds.
Investigation Concerns
The case involved an alleged 65 kg of ganja shipment, and the lower courts had considered the circumstances serious enough to reject bail.
Age determination
Juvenile Bail Protections
The Juvenile Justice Board determined that the accused were juveniles at the time of the alleged offence.
Investigation Concerns
DRI initially treated them as adults, prompting the High Court to order an inquiry into whether their ages were accurately established.
Travel circumstances
Juvenile Bail Protections
The juveniles were released while the inquiry proceeds, subject to possible future action if wrongdoing is uncovered.
Investigation Concerns
The court questioned how they allegedly traveled from Guwahati to Didarganj, Patna, without identification, vehicle registration papers, or a driving licence.
Key facts
- Alleged contraband
- 65 kg of ganja
- Ages at alleged offence
- 15 years 9 months and 16 years
- Bail decision
- Granted by the Patna High Court
- Earlier decisions
- The Juvenile Justice Board and appellate court had rejected bail
- Inquiry deadline
- Three months
- Inquiry authority
- Patna SSP
- Possible consequence
- Authorities may seek cancellation of bail if concealment or fraudulent practices are found
Sources
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