Sonu @ Sonu Kumar @ Sonuji v. The State Of Bihar

Patna High Court Cr.Misc. No.42675 of 2013 (9) dt.06-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42675 of 2013 Arising Out of PS.Case No. -137 Year- 2013 Thana -JAKKANPUR District- PATNA ======================================================

1. Sonu @ Sonu Kumar @ Sonuji S/O Vijay Shankar Arya Prabhat Enterprised Uday Palace, Govind Mitra Road, P.S- Pirbahore, DistrictPatna And R/O Mohalla- Kadam Kuan, Rajendra Nagar, Road No. 1, District- Patna.

.... .... Petitioner/s

Versus

1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Nath Saran For the Opposite Party/s : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Jakkanpur P.S. Case No. 137 of 2013 registered for the offences punishable under Section 420 of the Indian Penal Code and Sections 27(b) (ii), 27(d), 289, 28(A), 22(I) (CCA) of Drugs and Cosmetics Act.

Learned counsel for the petitioner submits that petitioner is a license holder registered under Drugs and Cosmetics Act. The seizure was made by the Drug Inspector, when he found cartons of medicine for unloading to Saharsa and Supaul from Patna. It is submitted that allegation is that without having valid paper, these cartons containing medicines, were being transported for the purpose of evading revenue. Learned counsel for the petitioner submits that owner of the vehicle, Kanhai Mahto

Patna High Court Cr.Misc. No.42675 of 2013 (9) dt.06-08-2015 in his statement before police stated that goods had been booked by two persons, the petitioner along with one co-accused Sharwan Kumar @ Sharwan Ji. He further submits that coaccused Sharwan Kumar @ Shrawan Ji has been extended the privilege of anticipatory bail in Cri. Misc. No. 36752 of 2013 vide order dated 20.2.2014.

Perused the case diary. Learned counsel for the State also submits that petitioner's case stands on the similar footing and there is no further material in the case diary to support the prosecution case.

Considering the aforementioned submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Patna in connection with Jakkanpur P.S. Case No. 137 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) sushma/- U