Narendra Singh @ Upendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11032 of 2020 Arising Out of PS. Case No.-206 Year-2019 Thana- BABUBARHI District- Madhubani ====================================================== Narendra Singh @ Upendra Singh Son of Sri Jagdish Prasad Resident of Village - Aurahi, P.S.- Babubarahi, Distt - Madhubani. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Gagan Deo Yadav,Adv.

For the Opposite Party :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Babubarhi P.S. Case No. 206 of 2019 for the offence punishable under Section 420 of the Indian Penal Code and under Section 27(b)(ii) / 28/27 (d) of the Drug Cosmetic Act, 1940 and Amendment Act, 2008.

The allegation is that upon a raid having been conducted by the Drug Inspector at the departmental shop of the petitioner, some cartons of medicines were found. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that there is no allegation of the medicines recovered from the premises of the shop of the petitioner being spurious or banned medicines. It is thus submitted that the petitioner may be

Patna High Court CR. MISC. No.11032 of 2020(2) dt.06-03-2020 2/2 given the benefit of doubt specially since the petitioner undertakes to join the ensuing investigation as also the trial, if any. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties, as also taking into account the fact that the prosecution has nowhere alleged that the medicines recovered from the shop of the petitioner are spurious in nature, I deem it fit and proper to direct for release of the petitioner on anticipatory bail. Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner above named is directed to be released on anticipatory bail on furnishing bail-bonds of Rs. 10,000/-(rupees ten thousand) with two sureties of the like amount to the satisfaction of learned District and Sessions Judge, Madhubani in connection with Babubarhi P.S. Case No. 206 of 2019 , subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) K.K.RAO/- U T