Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25956 of 2016 Arising Out of PS.Case No. -142 Year- 2016 Thana -CIVIL LINE District- GAYA ======================================================
1. Rakesh Kumar Son of Late Kanhaiya Lal.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-06-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 419, 420, 120B, 467, 468, 379 of the Indian Penal Code and Sections 26A, 27(B)ii, 28, 28A, 27(d) of Drugs and Cosmetics Act 1940 & Amendment Act, 2008. Petitioner is said to have run a medical shop without having valid license and when raid was conducted, expired and banned medicines as well as some other medicines were recovered from his medical shop.
Submission on behalf of the petitioner is that no expired medicine was recovered from the shop of the petitioner and so far as alleged recovery of so-called banned medicine is
Patna High Court Cr.Misc. No.25956 of 2016 (2) dt.24-06-2016 2/2 concerned, the seized medicines were banned recently and as a matter of fact, petitioner could not remove the stock of banned medicines from his shop. Moreover, petitioner is in jail custody since long.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Chief Judicial Magistrate, Gaya in connection with Civil Line P.S. Case No. 142 of 2016.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T