Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22647 of 2022 Arising Out of PS. Case No.-28 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== RANJEET KUMAR SON OF GOPAL MAHTO RESIDENT OF VILLAGESINDUBAAR, P.S- DAUDNAGAR, DIST- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rupa Kumari, Adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. Petitioner apprehends his arrest in a case registered for offence punishable u/s 27(b) (ii) 28 of Drugs & Cosmetic Act. Allegedly, there is a recovery of drugs stored without valid license from the medicine shop of the petitioner. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. No incriminating

Patna High Court CR. MISC. No.22647 of 2022(2) dt.25-08-2022 2/2 article has been recovered from the physical conscious possession of the petitioner. He has no concern either with the seized drugs or from the place of recovery. The shop or the house does not belongs to the petitioner. The recovery has been made on 02.06.2021 but the complaint was filed on 17.11.2021 after delay of more than five months and no plausible explanation has been given, which creates doubt about the prosecution case. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the delay in filing the complaint, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with G.O. Case No.28/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T