Shiv Shankar Rai @ Shiv Shankar Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21896 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== SHIV SHANKAR RAI @ SHIV SHANKAR KUMAR RAI Son of Mohanlal Rai Resident of Village - Bahilbara, Dhanushi, P.S.- Runnisaidpur, DistrictSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhubala Verma For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 467, 468, 469, 471, 420 of the Indian Penal Code and Sections-27(b)(II)/28 of Drugs and Cosmetics Act. The prosecution case in brief is that on search made by State Medicines Inspector and his team, in huge quantity, Homoeopathy medicines were recovered from two rooms of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner has got no antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 24-02-2019. Charge sheet has

Patna High Court CR. MISC. No.21896 of 2019(2) dt.18-04-2019 2/2 already been submitted. The petitioner has been made accused in the present case due to mistake of fact. There is no other substantive evidence to suggest the implication of the petitioner in the present case. The allegation made in the FIR is denied. From perusal of Annexure-2, it is evident that the petitioner was granted provisional licence.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Additional Sessions Judge-Ist, Sitamarhi in connection with Sitamarhi P.S. Case No. 112 of 2019.

(Sudhir Singh, J) A.K.V.//- U T