IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40947 of 2010 AZHAR @ AZHAR ALI, SON OF UMED ALI, RESIDENT OF VILLAGE- JAMRA RATANPUR, P.S. AMDABAD, DISTRICT- KATIHAR. Versus STATE OF BIHAR . ----------- 2 21.12.2010 Heard learned counsel for the petitioner and the State. The offence alleged is under Sections 15, 18, 25 and 29 of the N.D.P.S Act. It is submitted that allegation of cultivation of opium on the part of the petitioner is not correct. It is submitted that neither the land pertains to the petitioner nor anything was recovered from his possession. It is further submitted that petitioner was not arrested, rather he himself surrendered. It is further submitted that the other co-accused persons having similar allegations on being sent up for trial, they have been acquitted. Certified copy of the judgment has been produced which is kept on record. Learned counsel for the State is not in a position to refute the above submissions. Considering the facts and circumstanced, it is directed that let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like 2 amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in G.R. No. 406(b)/08 (S.O.S) in connection with Amdabad P.S. Case No. 09 of 2008. Amrendra/ (Shailesh Kumar Sinha, J.)