Sitaram Chourasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43949 of 2015 Arising Out of PS.Case No. -130 Year- 2015 Thana -BARAHIYA District- LAKHISARAI ======================================================

1. Sitaram Chourasia, son of Chandradeep Chourasia, resident of village Khuthadih, P.S. Barahiya, District Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar @ Alok Kr Shahi For the Opposite Party/s : Mr. Smt. Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-12-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 18 (C)/ 27(6) (ii) of Drugs and Cosmetics Act. The petitioner is alleged to have been selling drugs without license.

It is submitted that, of course, the petitioner was found selling drugs without license but the FIR is not maintainable as according to Drugs and Cosmetics Act complaint should have been filed.

Considering the facts aforesaid and the nature of allegations made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt

Patna High Court Cr.Misc. No.43949 of 2015 (3) dt.09-12-2015 2/2 / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in Barahiya P.S. Case No. 130 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T