IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.44574 of 2010
1. WAZIR MAHTO
2. BALCHAND MAHTO
3. BISHESHWAR MAHTO
4. HARLAL MAHTO
5. RAGHU MAHTO
ALL S/O HEERA MAHTO
Versus
THE STATE OF BIHAR
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4. 16.03.2011 Heard learned counsel for the petitioners
and the state.
The petitioners seek bail in a case instituted
for the offence under Sections 15, 18, 8 (b) of the
It has been submitted that there is no direct
material that it is the petitioners who have planted the
Poppy plant.
Further submission is that the petitioners
have no criminal antecedents.
Considering the same, let the petitioners
above named, be released on bail on furnishing bail
bond of Rs. 5,000/-(Five thousand) each with two
sureties of the like amount each or any other surety to
be fixed by the court concerned to the satisfaction of
learned 1st Addl. Sessions Judge, Gaya in connection
with N.D.P.S. Case No. 13/2008, subject to the
conditions, (i) That one of the bailor will be a close
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relative of the petitioners who will give an affidavit
giving genealogy as to how he is related with the
petitioners and the other bailors shall be the
son/brother of the petitioners. The bailors will
undertake to furnish information to the Court about
any change in address of the petitioners. (ii) That the
affidavit shall clearly state that the petitioners are not
an accused in any other case and, if they are, they
shall not be released on bail, (iii) That the bailors shall
also state on affidavit that he will inform the court
concerned if the petitioners are implicated in any other
case of similar nature after their release in the present
case and thereafter the court below will be at liberty to
initiate the proceeding for cancellation of bail on
ground of misuse, (iv) That the petitioners will be well
represented on each date if they fail to do so on two
consecutive dates, their bail will be liable to be
cancelled.
Fahad. ( Anjana Prakash, J.)