Ramesh Kumar Pathak And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58346 of 2017 Arising Out of PS.Case No. -72 Year- 2017 Thana -BAHADURPUR District- PATNA ====================================================== Ramesh Kumar Pathak, Son of Krishan Dev Pathak, resident of V/534 P.I.T. Colony, Kankarbagh, Police Station- Patrakarnagar, District- Patna.

2. Amit Kumar @ Awadhesh Kumar, son of Suresh Mahto, resident of Village- Jogani, Police Station- K.Nagar, District- Purnea, At Presentresident of L/2-27 P.I.T.

Colony, Kankarbagh, Police StationPatrakarnagar, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners, who is in custody, seek bail in connection with Bahadurpur P.S. Case No. 72 of 2017 registered for the offence punishable under Sections 274, 275, 276, 419, 420, 467, 468, 120 B of the Indian Penal Code and Sections 27(a), 27(C), 27(b)(ii), 28(a) and 30 of Drugs and Cosmetics Amendment Act, 2008..

On information that one Bittu Sharma was running business of manufacture and sale of illegal drugs and in course of raid, huge quantity of printed label unused re-labeling instrument, and expired medicine and on query no license was produced. Said

Patna High Court Cr.Misc. No.58346 of 2017 (3) dt.11-01-2018 2/2 Bittu Sharma has disclosed that the said medicines were purchased by the petitioners and others and are sold in the market. Learned counsel for the petitioners submitted that they are innocent and have falsely been implicated in this case. No incriminating materials have been recovered from their conscious possession. It has further been submitted that similarly situated coaccused persons, namely, Amit Kumar, Ravi Shankar Prasad and Dharmendra Kumar Singh have granted bail by a coordinate Bench of this Court vide order dated 16.11.2017, 04.12.2017 and 21.12.2017 passed in Cr. Misc. No. 54588 of 2017, 52469 of 2017 and 52729 respectively.

It has further been submitted that petitioner No. 1 is in custody since 24.04.2017 and petitioner No. 2 is in custody since 05.07.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna City, in connection with Bahadurpur P.S. Case No. 72 of 2017.

(S. Kumar, J) veena/- U