Amit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24171 of 2021 Arising Out of PS. Case No.-394 Year-2020 Thana- SURSAND District- Sitamarhi ====================================================== AMIT KUMAR SINGH S/o Rajkaran Singh R/o village- Janakpur, Ward No. 8, P.S.- Janakpur, District- Dhanusha (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Kumar- Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sursand P. S. Case No.394 of 2020, instituted for the offences under Sections 188, 414 of the Indian Penal Code read with Sections 18(c), 27(B)(ii) of the Drugs and Cosmetics Act, 2008. From bare perusal of the F.I.R., it would manifest that petitioner was found standing outside the medicine shop from where illicit medicine have been recovered.

Learned counsel for the petitioner submits that no incriminating article has been recovered from the possession of this petitioner nor the he has nothing to do with the alleged recovery. Petitioner is neither the staff nor the owner of the shop in question. The petitioner is in custody since 18.12.2020 and he

Patna High Court CR. MISC. No.24171 of 2021(2) dt.17-11-2021 2/2 claims to be a person of clean antecedents. Charge-sheet has been submitted in this case.

Similarly situated co-accused persons have been granted regular bail by a Bench of this Court vide order 24.07.2021 passed in Cr. Misc. No.24664 of 2021. Learned A.P.P. vehemently opposes the prayer. Considering the facts afore-stated, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1-cum-Special Judge, Drugs & Cosmetics, Sitamarhi in connection with Sursand P. S. Case No.394 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T