IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1191 of 2010 AKASH TIWARY …Petitioner Versus STATE OF BIHAR …opposite party For the Petitioner : Mr.Shatrughan Pandey For the State : Mr.Matloob Rab,APP ----------- 04. 06.09.2010 Heard counsel for the parties. Petitioner is a declared juvenile. He seeks bail in a case instituted under sections 20, 21 and 22 of the N.D.P.S. Act. As per the allegation, 73 purias(packets) of smack in all weighing 4 grams 380 mg. were recovered from the possession of the petitioner. It is the contention of the petitioner that the said amount of contraband substance comes under the purview of small quantity in terms of the provisions of the Act. It is stated that he is in remand home since 13.12.2009. By filing a supplementary affidavit affirmed by the father of the petitioner, it has been stated that the petitioner is the student of Dr. C.P.Thakur College, Naubatpur, Patna and had appeared in the I.Sc. examination after release on provisional bail by the court below. The father has taken upon himself all responsibilities of the petitioner and has given undertaking to see to it that he is not involved in any ante-social activity. It is also submitted that he has no criminal antecedent. Learned counsel appearing on behalf of the State has 2 not been able to dispute the submission that petitioner was found possessed with small quantity of contraband substance. Having considered the submissions advanced on behalf of the petitioner, this Court is satisfied that the petitioner should be released on bail. Consequently, order(s) impugned are set aside and the petitioner abovenamed is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Principal Magistrate J.J.B. Patna in J.J.B. Case No.23/10 arising out of Bikram P.S.Case No.216/09 on the condition that (1) one of the bailors shall be the deponent of the present case, namely, the father of the petitioner and another bailor will be his own/close family member (2) it shall be the duty of the father of the petitioner to monitor the conduct of the petitioner and produce him on the date(s) fixed at the trial. (3) if during the period of release on bail it is found that he is involved in any other criminal case, the same shall be treated as a breach of condition of the court. (4) in case of default in appearance on two consecutive dates, the trial court shall cancel his bail bonds and secure his arrest in accordance with law. hr ( Kishore K. Mandal )