Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15750 of 2024 Arising Out of PS. Case No.-12 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== Amresh Kumar Son of Shivnath Singh @ Shiv Nadh Singh Resident of Village- Navtoli, Gajhra, P.S.- Ladaniya, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate Mr. Gagan dEO YadAv , Advocate Mr. Vinod Kumar , Advocate Mr. Udeshya kumar Yadav , Advocate Mr. Rajesh Kumar , Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 18(c), 18(a) vi and 27 (ii) 27 (d) 28 of the Drug and Angrag Act 1940 and Amendment Act 2008 .

3. As per the prosecution case, petitioner is alleged to be running the medical shop in question without having valid license .

4. It is submitted that petitioner has falsely been implicated in this false and concocted case . From the bare perusal of the complaint, it is apparent that the alleged medical

Patna High Court CR. MISC. No.15750 of 2024(2) dt.14-03-2024 2/2 shop is situated in the house of Vikal Saw and this petitioner has got no concern with the medical shop nor there is any recovery of the alleged medicine from the shop . There is no chit of paper on record to prove that the medical shop in question belongs to this petitioner. Petitioner is a student of M.A and is studying in R K College Madhubani. Petitioner claims clean antecedent.

6. Considering the fact that there is no chit of paper in support, to prove whether the alleged medical shop belongs to this petitioner or not and clean antecedent of the petitioner, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 ADJ Ist, Madhubani in connection with Complaint Case No. CRC(o) 12 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T