IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31884 of 2008 SUBHASH SAH & ORS Versus STATE OF BIHAR ----------- 2 5.9.2008. Heard counsel for the petitioners and the State. As per allegation in the F.I.R. the petitioners were found cultivating opium plants. From the land of the petitioners flowers & opium were recovered. Counsel for the petitioners submits that no offence under Sections 15, 18, 25 and 29 of N.D.P.S.Act is made out as the petitioners are engaged in cultivation work, abundantly the opium plants grown as weeds along with the cultivated crops. It has also been submitted that the petitioners have no criminal antecedent. Considering the aforesaid facts the petitioners namely 1 Subhash Sah son of Late Brind Sah 2. Subhash Sah son of Late Pratap Sah and 3. Sunil Sah are directed to surrender before the Sessions Judge, Katihar within four weeks from today and on their so surrendering they shall be enlarged on provisional anticipatory bail in connection with Manihari P.S.Case no.30 of 2008. The provisional bail granted to the petitioners will be confirmed by the court below after due verification by the court below. In case it is found that they have criminal antecedent, their bail bond shall be cancelled. Sss/- (Mridula Mishra, J)