Patna High CourtCR. MISC./42876/2017disposed

Ashok Kumar Sah v. The State Of Bihar

2017-09-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42876 of 2017 Arising Out of PS.Case No. -371 Year- 2017 Thana -KAHALGAON District- BHAGALPUR ====================================================== Ashok Kumar Sah, son of Late Kamleshwari Sah, resident of VillageRampur, P.S.- Shivnarayanpur (Kahalgoan), Distt. - Bhagalpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kahalgoan (Shivnarayanpur) P.S.Case No. 371 of 2017 registered for the offences punishable under Sections 419, 420 of the Indian Penal Code and 27(b)(ii), 28, 28(A) and 36 AC of Drugs and Cosmetics Act.

Allegation against the petitioner is that he is treating the patients without having proper licence and is selling drugs without any valid licence and thereafter the authority concerned has raided the premises and several drugs have been seized under the signature of Drug Inspector of the area and other authorities. Submission of learned counsel for the petitioner is that he was treating the patients being RMP and he has got certificate for

Patna High Court Cr.Misc. No.42876 of 2017 (2) dt.18-09-2017 2/2 the same and there is no complaint against him and he is in custody for two months.

Heard learned APP also.

Having heard both sides and in view of allegation, I am not inclined to grant bail to the petitioner. However, once charge has been framed against the petitioner or he completes four months period in judicial custody, whichever is earlier, the court below will release the petitioner on bail to its own satisfaction, if an application for bail is filed on behalf of petitioner.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U