Durgesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46766 of 2017 Arising Out of PS.Case No. -264 Year- 2017 Thana -PIRBAHOR District- PATNA ====================================================== Durgesh, Son of Ajay Kumar, Resident of Village- Babhantoli, Police Station- Sultanganj, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kumar Singh For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 28.05.2017 in connection with Special Case No. 75 of 2017 arising out of Pirbahore P.S. Case No. 264 of 2017 for offences punishable under Sections 22/23 N.D.P.S. Act, under Section 27, 28, 30 of Drug & Cosmetic Act 2008 & 7 E.C. Act, 274, 275, 276, 284, 379, 406, 413, 414, 419, 420, 467, 468, 471, 120(B) of the Indian Penal Code and 81 VAT Act.

The prosecution case, as lodged by the informant

Patna High Court Cr.Misc. No.46766 of 2017 (3) dt.27-11-2017 2/3 drug inspector, is that a raid was conducted on the premises of drug owners and their business premises and from the said place counterfeit expired spurious drugs were found. Some expired drugs were re-stamped to be used for consumption. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and was just a labourer in said M/s Sri Hanuman Agency, whose owners are Dhiraj Kumar and Niraj Kumar. He had no knowledge about the illegal activities going on and that chargesheet has already been submitted. He submits that two of the co-accused who were also employees have been granted the privilege of bail by this Court in Cr. Misc. No. 38343 of 2017 on 22.08.2017.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Additional Sessions Judge 1st, Patna in connection with

Patna High Court Cr.Misc. No.46766 of 2017 (3) dt.27-11-2017 3/3 Special Case No. 75 of 2017 arising out of Pirbahore P.S. Case No. 264 of 2017.

(Nilu Agrawal, J) Devendra/- U T