Mani Kant Chourasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 50723 of 2016 Arising Out of PS.Case No. -141 Year- 2016 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Mani Kant Chourasia Son of late Sipahi Modi, resident of Modi Tola Ghat Road, Sultanganj, P.S. Sultanganj, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indeshwari Prasad Mandal For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

23-12-2016 Heard Sri Indeshwari Prasad Mandal, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 31-07-2016 in Sultanganj P.S. Case No. 141 of 2016 registered for offence under Sections 419, 420, 414 of the Indian Penal Code, Sections 27(a), 18A, 18B of the Drugs & Chemical Act and Section 8(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short "NDPS Act"), has prayed for grant of bail. It was submitted by learned counsel for the petitioner that petitioner is medicine licensee and in his shop, raid was conducted and it was alleged that petitioner has violated certain provisions of the Drugs and Cosmetics Act. He submits that besides allegation of not maintaining record, it was also alleged

Patna High Court Cr.Misc. No.50723 of 2016 (2) dt.23-12-2016 2/2 regarding recovery of Corex Syrup from the shop of the petitioner. He has also referred to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. According to learned counsel for the petitioner, in worst case, it can be a case of offences under the Drugs & Cosmetics Act, not under the N.D.P.S. Act.

Be that as it may, considering the nature of recovery, clean antecedent of the petitioner and period of custody, let the petitioner namely Mani Kant Chourasia be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bhagalpur in connection with Sultanganj P.S. Case No. 141 of 2016.

(Rakesh Kumar, J.) Anay U T