Manilal Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14694 of 2016 Arising Out of PS.Case No. -465 Year- 2015 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Manilal Gupta S/o Suresh Prasad Gupta resident of Buniyadganj Manpur, P.S. Muffassil, District - Gaya .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-05-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Mufassil Police Station Case No. 465 of 2015, disclosing offence under Sections 274, 275, 276 of the Indian Penal Code and Sections 18(c), 17 (b), 27 (b) (ii), 27 (c) of the Drugs and Cosmetics Act, 1940 and Rules, 1945.

The petitioner is the owner of Anand Pharmaceuticals, Buniyadganj Manpur, Gaya. In course of raid conducted by the Drug Inspector, Oxitocin injection and other drugs in the factory were seized by the Drug Inspector, which were not having the manufacturer's name and were also without proper packaging.

It has been stated, in paragraph 8 of the application, that non-labelling of injection is not in dispute,

Patna High Court Cr.Misc. No.14694 of 2016 (2) dt.02-05-2016 2/2 but at the same time, it has been stated that labeling and packaging was still underway when the raid was conducted. He has further submitted that there is no likelihood of petitioner influencing the investigation or fleeing from the course of investigation at any stage.

Considering the submission, as above, this application is allowed.

Let the petitioner, Manilal Gupta, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Mufassil Police Station Case No. 465 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √