Moharram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29097 of 2015 Arising Out of PS.Case No. -76 Year- 2007 Thana -ARARIA District- ARRARIA ======================================================

1. Moharram Son of late Nasir

2. Majid son of late Nasir All are resident of Village Diyari, P.s Araria District Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Ziaul Quamar For the Opposite Party/s : Mr. Madan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-08-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The accusation against the petitioners is that they cultivated opium plants but submission on behalf of the petitioners is that the seized plants were never sent for chemical examination and moreover, some co-accused have already been acquitted by a competent court . It is further contended that petitioners were not aware about institution of the present case and they were outside the State for their livelihood and as soon as they came to know about institution of this case, they, voluntarily, surrendered before the court below.

Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.29097 of 2015 (2) dt.07-08-2015 2/2 well as submissions of the parties and also taking note of this fact that petitioners do not have any criminal antecedent, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Araria in connection with Araria P.S.Case No. 76 of 2007.

(Hemant Kumar Srivastava, J) Namita/- U T