Md. Sadrul @ Sadrul Ansari @ Md. Sadul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83759 of 2019 Arising Out of PS. Case No.-218 Year-2019 Thana- JOGBANI District- Araria ====================================================== Md. Sadrul @ Sadrul Ansari @ Md. Sadul S/o Md. Jalim Resident of Village - Tikuliya Basti, P.S. Jogbani, District - Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2019 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 Section 414 of the Indian Penal Code and Sections 27(b)(ii)/28/36 of Drugs and Cosmetics Act, 1940.
The prosecution case as per the written report of Anit Kumar, A.S.I. of SSB submitted to Station House Officer of Jogbani Police Station is to the effect that on 31.07.2019 at 4.10 P.M., the police party was conducting vehicle check when a three wheeler tempo was intercepted from which, huge quantity of medicines were seized. The apprehended co-accused accused
Patna High Court CR. MISC. No.83759 of 2019(2) dt.18-12-2019 2/3 disclosed their name as Gayatri Devi and Md. Waris Ansari and they also suggested that they were being handed over the medicines by co-accused Najim Ansari and the consignment was to be delivered to the petitioner, Sadrul. Subsequently, the hosue of the petitioner was raided from where, Nepali and Indian currencies were recovered.
It is submitted by learned counsel for the petitioner that the recovery has not been made from the possession of the petitioner and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the apprehended coaccused persons suggested that the medicines were to be delivered to the petitioner.
Considering the fact that the recovery has not been made from the possession of the petitioner and statement being 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 each to the satisfaction of learned Additional Chief Judicial
Patna High Court CR. MISC. No.83759 of 2019(2) dt.18-12-2019 3/3 Magistrate-Ist, Araria in connection with Jogbani P.S. Case No. 218 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T