IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J) No. 590 of 2024 Birsa Muda @ Birsa Munda …… Appellant Versus The State of Jharkhand ……. Respondent --------- CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD ---------- For the Appellant : Mr. Alok Kumar Dubey, Amicus Curiae For the State : Mr. Manoj Kumar Mishra, APP ----------- 15/Dated:18th November, 2025 This appeal has been filed on behalf of the appellant through Jharkhand High Court Legal Services Committee, Ranchi. 2. This Criminal Appeal has been filed on behalf of the appellant namely, Birsa Muda @ Birsa Munda through Jharkhand Legal Services Committee challenging the order dated 13.06.2023 passed by learned Additional Judicial Commissioner-IV-cum-Spl Judge, POCSO, Ranchi in M.C.A No.1785 of 2023, in connection with Children Case No.10 of 2022, arising out of Tamar P.S. Case No.36 of 2021 by which the bail application of the appellant has been rejected. 3. Heard Mr. Alok Kumar Dubey, learned Amicus Curiae appearing for the appellant through Jharkhand Legal Services Committee and learned APP for the State. 4. Learned counsel for the appellant submitted that the impugned order passed by the learned Court below is illegal and not sustainable in the eye of law. It is submitted that the appellant is innocent and has not committed any offence. It is submitted that co-convict-Sagar Munda, from whose possession 6.00 kgs of opium was recovered, has been granted bail by the Hon’ble Division Bench of this Court vide order dated 09.05.2025 passed in Cr. Appeal (DB) No.1502 of 2023. It is -2- submitted that the appellant is in custody since 16.04.2021 i.e. for more than four years and hence, the appellant may be enlarged on bail. 5. On the other hand, learned APP has opposed the prayer for bail. 6. It appears that the appellant and one Sagar Munda was apprehended by the police with 6.00 kgs of opium and said 6.00 kgs opium was recovered from the co-accused Sagar Munda. 7. It appears that co-accused Sagar Munda has been granted bail by the Division Bench of this Court vide order dated 09.05.2025 passed in Cr. Appeal (DB) No.1502 of 2023. 8. It appears that the appellant is in custody since 16.04.2021 i.e. for more than four years. 9. Considering the facts and circumstances of the case and the custody of the appellant, the appellant namely, Birsa Muda @ Birsa Munda is directed to be released on bail, on furnishing bail bonds of Rs.15,000/- (Fifteen Thousand only) with two sureties of the like amount, to the satisfaction of learned Additional Judicial Commissioner-IV-cum-Spl Judge, POCSO, Ranchi in M.C.A No.1785 of 2023, in connection with Children Case No.10 of 2022, arising out of Tamar P.S. Case No.36 of 2021. 10. Let a sum of Rs.5500/- be paid to Mr. Alok Kumar Dubey, learned Amicus Curiae appointed by Jharkhand High Court Legal Services Committee, Ranchi. 11. Let a copy of this order be sent to learned Member Secretary, Jharkhand High Court Legal Services Committee, Ranchi for the needful. (Sanjay Prasad, J.) Dated: 18.11.2025 Saket/-