IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.466 of 2011 DEEPAK KUMARUNDER THE GUARDIANSHIP OF BALESHWAR SINGH, R/O- VILLAGE TANGUAL, P.S.- HAJIPUR TOWN, DISTRICT- VAISHALI. Versus THE STATE OF BIHAR For the petitioner Mr. Niraj Kumar, Advocate For the State Mr. Ram Chandra Sahni, APP ----------- 3 20.05.2011 Heard both sides. Petitioner has been declared juvenile in conflict with law. He is facing charge(s) punishable under Sections 21 and 22 of N.D.P.S. Act. While sitting on a Tea Stall, it is said that a bag was recovered kept close to the petitioner which contained 9 ½ kgs. of Ganja. Petitioner is thus lodged in Remand Home since 16.6.2010. Learned counsel for the petitioner submits that petitioner has fallen prey to circumstance(s). The bag was kept besides him by some other person and in the meanwhile, the same was recovered by the Police. It is submitted that there is no criminal antecedents of the petitioner who was pursuing his studies in G.A. School, Hajipur. It is submitted that petitioner belongs to a well knit family. No member thereof is facing any criminal charge. A supplementary affidavit has been filed indicating therein the size of the family to which the petitioner belong. A report was called for from the concerned Probation Officer. It has been reported that on gathering information, it has been found that petitioner does not 2 belong to any gang of criminals involving any smuggling of Narcotics drugs. His family has been found well knit. There is no criminal antecedent and/or conviction reported against the members of the family. His release has been recommended but subject to periodical supervision of Probation Officer. Having heard the parties, this Court, while setting aside the impugned order, directs release of the petitioner on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of Juvenile Justice Board, Vaishali at Hajipur in connection Hajipur Town P.S. Case No. 325 of 2010 subject to the following conditions: (i) The father/own uncle of the petitioner shall be one of the bailors whose duty would be to monitor his conduct and behaviour and to produce him once in a month from the date of his release before the concerned Probation Officer providing him an opportunity to oversee his conduct and behaviour. The bailor shall also produce the petitioner in person in Court as and when directed therefor. In case of default in such appearance, the Probation Officer is at liberty to request the Court concerned for cancellation of his bail. In case the petitioner does not appear in person on 3 the date fixed for his such appearance, the Court below shall also have liberty to cancel the bail bonds. (ii) During the subsistency of the present privilege of bail, if it is found that the petitioner is found involved in any other criminal case, the same shall be treated as a breach of condition of bail entailing cancellation. pkj ( Kishore K. Mandal, J)