Patna High CourtCR. MISC./9431/2017bail granted

Kishor Mahto v. The State Of Bihar

2017-04-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9431 of 2017 Arising Out of PS.Case No. -172 Year- 2016 Thana -LAKHNAUR District- MADHUBANI ====================================================== Kishor Mahto, son of Jib Lal Mahto, resident of village-Gunakarpur, P.S.- Lakhanaur, District-Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agrawal, Sr.Adv. Mr. Gagan Deo Yadav, Adv.

Mr.Vinod Kumar, Adv.

For the Opposite Party/s : Mr. Shyam Kumar Singh, APP 138 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 419 and 420 of the Indian Penal Code and Section 27(b)(ii) of the Drugs and Cosmetics Act, 1940.

Allegation is that the establishment said to be of the petitioner was involved in selling the drugs without proper licence. Hence, the petitioner allegedly committed the offence under Section 27(b)(ii) of the Drugs and Cosmetics Act. Submission is that the petitioner was not apprehended at the spot. Hence, there was no occasion to show the licence etc. Moreover, the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.9431 of 2017 (3) dt.27-04-2017 Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the 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 learned A.C.J.M., Jhanjharpur, Madhubani /Successor Court in connection with Lakhnaur P.S. Case No.172 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to the further condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioner in this case.

Arvind/- (Birendra Kumar, J) U T