Md. Kadeer v. The Union Of India, Through The Director, Directorate Of Revenue Intelligence, Regional Unit, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9331 of 2015 Arising Out of PS.Case No. -718 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictPATNA ======================================================

1. Md. Kadeer Son of Jameel Resident of Village - Mangrol, P.S. - Satrikh, District - Barabanki (U.P.).

.... .... Petitioner/s

Versus

1. The Union of India, through the Director, Directorate of Revenue Intelligence, Regional Unit, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Arshad Alam Mr. Anjum Perveen Mr. Fakhrudin Ali Ahmad For the Opposite Party/s : Mr. Sanjay Kumar(Asg) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Special Case No. 15 of 2014 arising out of DRI-P-NoDRI/LZU/PRU178(ii) ( ENQ-02/20) registered for the offences punishable under Sections 21( C ) 27(A) and 29 of the Indian Penal Code.

Admittedly, neither petitioner was caught at the spot nor anything was recovered from his conscious possession and the name of this petitioner came in this case in confessional statement of co-accused Md. Jamir Alam who disclosed that he had come to

Patna High Court Cr.Misc. No.9331 of 2015 (2) dt.09-03-2015 2/2 deliver contraband items at the direction of this petitioner. It is also an admitted position that in follow up action, the house of the petitioner was searched but nothing was recovered from his house. Moreover, except the aforesaid statement of co-accused Jamir Alam there appears to be nothing against the petitioner and furthermore, I fail to under stand as to why the call details of the petitioner as well as co-accused Md. Jamir Alam were not verified by the concerned officials. Petitioner does not have any criminal antecedent.

Accordingly, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District Judge -VII cum Special Judge, NDPS, Patna in Special Case No. 15 of 2014 Special Case No.

arising out of DRI-P-NoDRI/LZU/PRU178(ii) ( ENQ-02/20), subject to condition as laid down under Section 438(2) of the Cr.P.C.

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