IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37054 of 2009 1. FAIYAZ ALAM S/OLATE TAMIZUDDIN R/O SIMAL BARI, P.S.& DISTT- KISHANGANJ 2. MD. ADIL S/O LT. NAIMUDDIN R/O SIMALABARI, P.S.KISHANGANJ, DISTT- KISHANGANJ …..PETITIONERS Versus THE STATE OF BIHAR ……OPPOSITE PARTY ---------- 02. 11.12.2009 Heard learned counsel for the petitioners and the State. Petitioners are alleged to be the owner of the land over which cultivation of opium was being made. The prosecution report discloses that after enquiry it was found that land owners had leased out their lands and the lessee were cultivating opium plant. Counsel for the petitioner submits that the details of the land are not there in the prosecution report. In the first seizure list their names were not their and since they have already leased out the land, their complicity can not be there in cultivation of the land. The person who was cultivating the land can be alleged to have committed an offence under Section 18 of the N.D.P.S. Act. Considering these facts, prayer for anticipatory bail on behalf of the above named petitioners is allowed. They are directed to release on bail, in case of their appearance before the Court concerned within four weeks from today, on - 2 - furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, Kishanganj in connection with Special Case No. 06/2008. Shageer (Mridula Mishra, J)