Makhu Gaddi @ Makhkhu Gaddi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9600 of 2018 Arising Out of PS.Case No. -8 Year- 2017 Thana -PURUSHOTTAMPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Makhu Gaddi @ Makhkhu Gaddi, Son of Islam Gaddi, Resident of Village - Babuiyan Gadiyani Tola, Police Station - Palanawa, District - East Champaran at Motihari.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 20, 22 and 23 of the NDPS Act.
The prosecution case got initiated with the written report of Ajay Kumar Rajak, Commandant of SSB, Narkatiaganj Office is to the effect that on 19.02.2017 at 11.30 A.M. informant received by the SSB, Narkatiaganj Office that one person is carrying charas from Nepal to Narkatiaganj, thereafter the informant along with raiding team reached near Bahuarwa More at 1.00 P.M. and intercepted one person with a bag. The bag was containing six packets of charas weighing 3 kg. who disclosed his name as Jaiprakash Kumar, who suggested
Patna High Court Cr.Misc. No.9600 of 2018 (2) dt.17-02-2018 that he was taking the contraband to one Wazir having Mobile No. 9162352639. Subsequently the said mobile was found to be used by one Majrul Gaddi (the petitioner), who during investigation suggested that the said mobile was being used by the petitioner also.
It is submitted by learned counsel for the petitioner that on the basis of the use of mobile the petitioner has been roped in the present case and there is no recovery from the possession. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Mr. J.N. Thakur, learned APP submits that the name of the petitioner sprang up on the confession of coaccused but fairly submits that there is no recovery from the petitioner.
Considering the fact that the recovery has not been made from the petitioner and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount
Patna High Court Cr.Misc. No.9600 of 2018 (2) dt.17-02-2018 each to the satisfaction of learned Sessions Judge, West Champaran at Bettiah in connection with Purushottampur P.S. Case No. 08 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The bail bond of the petitioner will be accepted by the learned Court below on filing affidavit that the petitioner will co-operate in the investigation. The noncooperation in investigation will give liberty to the investigating agency to file application for cancellation of bail of the petitioner.
(Dinesh Kumar Singh, J) DKS/- U T