Patna High Court Grants Bail to Two Juveniles in 65-Kg Ganja Case, Orders Inquiry Into Assam-to-Bihar Journey

The Patna High Court has granted bail to two juveniles allegedly found transporting more than 65 kg of ganja, while separately ordering an inquiry into how they travelled from Assam to Bihar without identification or vehicle documents.

Background

The DRI case concerned ganja allegedly concealed in a secret cavity of a Mahindra vehicle. Although the investigating agency initially recorded the accused as adults, the Juvenile Justice Board later assessed them as children in conflict with law, aged about fifteen years nine months and sixteen years on the date of occurrence.

Legal issue and Court's reasoning

The High Court applied Section 12 of the Juvenile Justice Act, under which release of a child is the norm unless statutory grounds exist to show that release would associate the child with known criminals, expose the child to danger or defeat the ends of justice.

The Court held that gravity of an NDPS allegation cannot, by itself, replace those statutory tests. As no cogent material established a permissible ground for refusal, the orders denying bail were set aside.

Result and practical consequence

At the same time, the Court found the circumstances surrounding the journey sufficiently unusual to require scrutiny, particularly the age discrepancy and alleged travel from Guwahati to Patna without driving licences, registration papers or identification.

The Senior Superintendent of Police, Patna, was directed to complete an inquiry within three months and place the findings before the High Court.