IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.906 of 2009 Jagdeo Kumar, son of Gothaul Patel, resident of village Sinhpur, P.S. Sathi, istrict West Champaran .. Petitioner Versus The State of Bihar .. Opposite Party **** /5/ 05.08.2009 Heard the counsel for the petitioner. 2. No one appears for the State. 3. This application has been filed for quashing the order, dated 04th May, 2009, passed by the Sessions Judge, Bettiah, West Champaran, in Criminal Appeal No. 31 of 2009 refusing to grant bail to the petitioner in connection with Chanpatia P.S. Case No. 43 of 2008 registered under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act. As per the finding recorded by the Juvenile Justice Board the petitioner was fourteen years of age on the date of occurrence, i.e., 31.03.2008. As per the allegation ten kilograms ganja were recovered from the possession of the petitioner and on the basis of statement recorded by Sub Inspector of Police, Rajeshwar Sharma, first information report was registered under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act. Petitioner is in custody since the date of occurrence. His prayer for bail was refused by Juvenile Justice Board and affirmed by the Sessions Judge, Bettiah, West Champaran. 4. Considering the fact that brother of the petitioner has filed 2 an affidavit giving undertaking to take proper care, moral, physical and psychological of the petitioner and it has also been stated that none of the family members have got any criminal history and no such situation will be created to expose the petitioner for further indulgence in criminal activities, prayer for bail on behalf of the petitioner, Jagdeo Kumar, is allowed. The impugned order, dated 04th May, 2009, passed by the Sessions Judge, Bettiah, West Champaran, in Criminal Appeal No. 31 of 2009 and the order, dated 25.04.2009, of the Juvenile Justice Board, Bettiah, West Champaran, passed in Trial No. 369 of 2009 arising out of Chanpatia P.S. Case No. 43 of 2008 is quashed. The petitioner be released on bail forthwith on furnishing undertaking by the brother of the petitioner to the satisfaction of the Juvenile Justice Board, Bettiah, West Champaran, in connection with the above mentioned case. 5. Since, the petitioner has been granted bail on consideration of the undertaking given by the brother, in case, after petitioner’s release any further complaint is received, the Sessions Judge, Bettiah, West Champaran, shall report the matter to this Court for reconsideration of the order granting bail to the petitioner. S.A. (Mridula Mishra, J.)