Indu Bhushan Sinha @ Indra Bhushan Sinha And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.29943 of 2017 (3) dt.19-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29943 of 2017 Arising Out of PS.Case No. -194 Year- 2017 Thana -PIRBAHOR District- PATNA ======================================================
1. Indu Bhushan Sinha @ Indra Bhushan Sinha, aged about 47 Years, Son of Sri Ram Keshwar Prasad Singh @ Rameshwar Prasad Singh, Resident of Village- Gopalbad, P.S.- Sarmera, District- Nalanda and Proprietor of Nalanda medico Shop of Dr. Rajeshwar Prasad, Khajanchi Road, at present residing at Pal Gali, G.M. Road, P.s.- Pirbahore, District- Patna.
2. Pankaj Kumar, aged about 19 Years, Son of Awdhesh Prasad, Resident of Village - Pounia, P.S.- Khizarsarai, District- Gaya.
3. Surendra Kumar, aged about 19 years, Son of Mister Paswan, Resident of Etwarpur Pakrhi, P.S.- Lalganj, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Narain Mallik For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-07-2017 Heard learned counsel for the petitioners and State. The petitioners seek bail in Pirbahore P.S. Case No. 194 of 2017 instituted for the offence under Sections-419, 420 of the Indian Penal Code and 27(b)(ii), 27(d), 28 and 28(A) of Drugs and Cosmetic Act.
As per written report, the informant on secret information, searched the house of petitioner No. 1 but did not recover any incriminating articles. Thereafter, the raiding party searched the shop of petitioner No. 1 namely Nalanda Medico and found some expired medicines kept in a cartoon but no restamping
Patna High Court Cr.Misc. No.29943 of 2017 (3) dt.19-07-2017 was found and three blood bags were found while there was no licence to store blood bags. It is alleged in the written report that conduct of the petitioners indicates unauthorizedly storing of blood bag.
It has been submitted that petitioner No. 1 has the licence of medical shop namely Nalanda Medico who is entitled to keep expiry medicines in separate cartoon. It is further submitted that petitioner Nos. 2 & 3 are employees of petitioner No. 1. It is also submitted that the informant merely suspects that blood bags were kept in the shop for blood transfusion. The petitioners are in custody since 04-05-2017.
In such circumstances, prayer for bail is allowed and it is ordered that the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Pirbahore P.S. Case No. 194 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Patna subject to condition that both the bailors should be relatives of the petitioners.
(Sanjay Priya, J) A.K.V./- U T