Haji Kayyum @ Kayyum And ORS v. The Union Of India Through The Director, Directorate Of Revenue Intelligence, Regional Unit, Patna
Patna High Court Cr.Misc. No.51820 of 2014 (2) dt.05-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51820 of 2014 Arising Out of PS.Case No. -15 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictPATNA ======================================================
1. Haji Kayyum @ Kayyum son of Haji Mujib resident of village Tikra Usma P.S. Jaidpur Dist. Barabanki ( U.P.)
2. Haji Mujib Pinda @ Md. Mujib son of Haji Mujib resident of village Tikra Usma P.S. Jaidpur Dist. Barabanki ( U.P.)
3. Md. Siraj son of Mubin resident of village Tikra Usma P.S. Jaidpur Dist. Barabanki ( U.P.).... .... Petitioner/s
Versus
The Union of India through the Director, Directorate of Revenue Intelligence, Regional Unit, Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. S. Arshad Alam, Advocate Mr. F.A. Ahmad, Advocate Ms, Anjum Perveen, Advocate For the Opposite Party/s Mr. Manoj Kr Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 05.01.2015 Heard learned counsel for the petitioners as well as learned counsel for the Union of India.
Petitioners apprehend their arrest in connection with Special case no. 15/2014 registered under sections 21 (C ), 27 ( A) and 29 of the NDPS Act pending in the court of Addl. Sessions Judge VII- cumSpecial Judge, NDPS, Patna. Admittedly, neither petitioners were caught at the spot nor anything was recovered either from their possession or from their houses. The names of these petitioners came in the confessional statement of co-accused who stated before the officials that the petitioners were also partners of gang which had supplied contraband articles to him. In follow up action, houses of the petitioners were searched but the concerned officials could not succeed to recover any
Patna High Court Cr.Misc. No.51820 of 2014 (2) dt.05-01-2015 incriminating article against these petitioners. Furthermore, notices were issued to the petitioners who responded in writing to the above stated notices and therefore, it is apparent that petitioners did not avoid the notices issued by the concerned officials. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge VII- cum- Special Judge, NDPS, Patna in Special case no. 15/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.
shahid (Hemant Kumar Srivastava,J) U T