Ashok Pathak v. The State Of Bihar

Patna High Court Cr.Misc. No.1615 of 2016 (3) dt.25-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1615 of 2016 Arising Out of PS.Case No. -216 Year- 2015 Thana -BARAHIYA District- LAKHISARAI ====================================================== Ashok Pathak son of Sri Ram Nandan Pathak resident of village Tahadiya, P.S. Barahiya, District Lakhisarai.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Alok Kumar @ Alok Kr Shahi For the Opposite Party/s : Mr. Kr. Virendra Narayan(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Earlier case diary of the present case was called for, which has since been received.

The petitioner apprehends his arrest in connection with Barahiya P.S. Case No. 216 of 2015 registered for the offences punishable under Sections 27(b) (II) and 27 (d) of the Drug and Cosmetics Act.

Learned counsel for the petitioner submits that the peculiar allegation has been levelled against the petitioner on the basis of some recovery of Ayurvedic Medicine which he admittedly, used to prepare and to supply to the needy persons. It is further submitted such medicines are used only for treating the patient of Arthritis (Gathiya). It is further submitted that there is

Patna High Court Cr.Misc. No.1615 of 2016 (3) dt.25-02-2016 no mens rea in the said act and such medicines are supplied only to the needy persons, who come and ask for the same. There has been no complaint against the petitioner. It is further submitted that the provisions of Drug and Cosmetics Act does not attract in the present case.

Considering the aforesaid submissions, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai in connection with Barahiya P.S. Case No. 216 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C..

(Anjana Mishra, J) Jagdish/- U T