'Surprising': Patna High Court Grants Bail To Juveniles Who Drove From Assam To Patna While Carrying 65-Kg 'Ganja', Orders Inquiry
LIVELAW NEWS NETWORK
20 Sept 2026 12:50 PM IST
The Patna High Court has granted bail to two juveniles apprehended with over 65 kg of ganja, while directing an inquiry into how they allegedly travelled from Guwahati, Assam to Patna carrying commercial quantity of contraband without identification or vehicle documents.
A Single Judge Bench of Justice Arun Kumar Jha was hearing two criminal revision petitions arising from a DRI case in which 65.940 kg of ganja (gross weight) and 63.760 kg (net weight) was allegedly recovered from 109 plastic packets concealed in a secret cavity in the chassis and between the chassis and footsteps of a Mahindra TUV vehicle.
The petitioners were initially recorded by the DRI as being 25 and 21 years old. Upon inquiry, however, the Juvenile Justice Board assessed their ages as 15 years and 9 months and 16 years respectively on the date of the occurrence and declared both as children in conflict with law. The Juvenile Justice Board had rejected their bail applications, which was subsequently affirmed by the appellate court.
The High Court observed that under Section 12 of the Juvenile Justice Act, bail to a CICL is the rule and can be denied only where release is likely to bring the child into association with known criminals, expose the child to moral, physical or psychological danger, or defeat the ends of justice.
The Court held that the seriousness or gravity of the alleged offence could not, by itself, be a ground to refuse bail. Finding no cogent material establishing any of the statutory grounds for denial of bail, the Court set aside the orders of the subordinate courts and directed that the petitioners be released on bail.
However, the Court expressed concern over the circumstances surrounding their apprehension and the discrepancy concerning their ages. The Court noted that the DRI had initially recorded the petitioners as adults, while they were subsequently declared juveniles. It further noted that the two petitioners had allegedly driven from Guwahati to Didarganj, Patna, without identification papers, registration documents or driving licences, while carrying commercial quantity of ganja. The Court observed:
“It is also surprising that the petitioners, two juveniles, drove all the way from Guwahati, Assam to Didarganj, Patna, without any identification papers or any documents like registration certificate or driving license.”
The Court questioned how the petitioners could have travelled uninterrupted from Assam to Bihar carrying commercial quantity of ganja and observed that the matter required proper investigation.
Accordingly, the Senior Superintendent of Police, Patna, was directed to conduct an inquiry into whether the petitioners were in fact juveniles, whether they had never received any education or attended school, whether they had availed benefits from the State Government where proof of age may have been required, and whether there were security lapses in their journey. The inquiry is to be completed within three months and placed before the High Court.
The Court further directed that if the inquiry reveals that the petitioners had concealed material facts regarding their age or indulged in fraudulent practices, the State and DRI would be at liberty to approach the Juvenile Justice Board or concerned court for cancellation of their bail bonds.
Case Title: XX v. DRI Patna and Anr.
Case No.: Criminal Revision No. 251 of 2026
Appearance (for both connected matters): For the Petitioner/s: Mr. Rajendra Narayan, Sr. Advocate. Ms. Usha Kumari Singh, Advocate. For the State : AC to ASG. For the UOI/DRI : Mr. Amit Pandey, Sr. SC, DRI. For the Petitioner/s : Mr. Pramod Kumar, Advocate For the State : Mr. Lalan Kumar, Spl. For UoI/DRI : Mr. Sanchay Srivastava.
