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Judgment
It has been stated by learned counsel for the petitioner that defects No. 9(ii) and 9(iii) have already been removed. So far as defects No. 9(iv) and 9(v) are concerned, since the copy has already been served on NCB (Narcotics Control Bureau), the State of Jharkhand is not a necessary party and it is not required to serve a copy on the counsel appearing for the State of Jharkhand. As such, defects No. 9(iv) and 9(v), as pointed out by the office, are ignored.
Heard Mr. A. K. Das, learned counsel for the petitioner and Mr. Sudhir Kumar, learned counsel for the NCB.
This application is directed against the order dated 20.09.2017 passed by the learned Sessions Judge, Hazaribag in Criminal Appeal No. 106 of 2017 by which the order dated 06.09.2017 passed by learned Principal Magistrate, Juvenile Justice Board, Hazaribag in connection with N.C.B. Case No. 05 of 2016 (G.R. No. 3312 of 2016), refusing to release the petitioner on bail, has been affirmed and the appeal was dismissed.
It has been submitted that the bag in which the opium was found was left by some customer and since the petitioner was sitting in the cash counter, he was implicated. It has also been submitted that the petitioner was taken into custody on 03.12.2016 and he was sent to the remand home in August, 2017 after he was declared a juvenile. It has also been submitted that the social investigation report is also not adverse to the cause of the petitioner and the petitioner does not have any criminal antecedent.
A raid was conducted at Monokamna Hotel, Chouparan, Hazaribag and during search of the cash counter a bag was found which contained opium weighing 3 Kg. The allegation against the petitioner is that he was siting in the cash counter from where the said bag was recovered. The petitioner was declared juvenile on 08.08.2017.The petitioner seems to have been implicated merely on suspicion.
On considering of the aforesaid facts, while setting the order dated 20.09.2017 passed by the learned Sessions Judge, Hazaribag in Criminal Appeal No. 106 of 2017 as well as the order dated 06.09.2017 passed by learned Principal Magistrate, Juvenile Justice Board, Hazaribag in connection with N.C.B. Case No. 05 of 2016 (G.R. No. 3312 of 2016), the petitioner, named above, 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 learned Principal Magistrate, Juvenile Justice Board, Hazaribag in connection with N.C.B. Case No. 05 of 2016 (G.R. No. 3312 of 2016), with a condition that the father of the petitioner will keep the petitioner at a safe place and will not allow him to meet any bad element and further directed to produce the petitioner before court concerned on each and every date fixed in the concerned case till the conclusion of the inquiry.
This application is allowed.