Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7669 of 2020 Arising Out of PS. Case No.-270 Year-2019 Thana- RAMKRISHNANAGAR District- Patna ====================================================== RAKESH KUMAR Son of Late Maheshwar Prasad Verma Resident of Urmila Niwas, Ganga Vihar Colony, Tekari Road, Mahendru, P.O-Mahendru, P.S.-Sultanganj, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kalpana, Advocate For the State :

Mr.Nitya Nand Tiwary APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and the learned APP for State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

Petitioner apprehends arrest in connection with Ram Krishna Nagar PS Case No 270 of 2019 instituted for the offence under Section(s) 467,468,471 and 420 of the Indian Penal Code.

The crux of the allegation is that based on a forged certificate of the informant, the petitioner was running a Pharmacy.

Petitioner's counsel submits that he was bonafide in running his Pharmacy as the informant had allowed him to use his Certificate and run the Pharmacy.

The learned APP has submitted that petitioner is

Patna High Court CR. MISC. No.7669 of 2020(3) dt.29-01-2021 2/2 admittedly not having a Certificate of Pharmacy, even if he was running it with the consent of the Certificate holder, he cannot be absolved of his responsibilities/liabilities and that such action claimed to be bonafide is in fact, having social repercussions as he was practicing Pharmacy without having a valid certificate. Considering the rival submissions, prayer of the petitioner for grant of anticipatory bail is rejected.

(Madhuresh Prasad, J) shyambihari/- U T