Vaiju Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39009 of 2024 Arising Out of PS. Case No.-10 Year-2023 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Vaiju Kumar Yadav S/o Raj Kumar Yadav R/o vill - Darah Chatanma, P.O. - Bhagta, P.S.- Bheja, Distt. - Madhubani, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan Mr. Kislay Ray For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 18(c), 18(a), 18(a)(vi) and 27(b((ii) and 27(d) of Drugs and Cosmetics Act, 1940.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant (Drug Inspector, Madhubani) alleges that a complaint was filed by one Vishnu Dev Yadav before the Public Grievance Redressal Officer, Madhubani based on which the house of the petitioner was raided and the petitioner was found running medicine store without license, thus, the medicines were

Patna High Court CR. MISC. No.39009 of 2024(2) dt.08-08-2024 2/3 confiscated and seizure list was prepared.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case. It is next submitted that petitioner is a qualified dresser and has completed the course of dressing as would manifest from the certificate and mark sheet annexed as Annexure-2 to the anticipatory bail application. It is thus submitted that petitioner is a qualified medical dresser and as such he carries dressing activities for which some medicine in small quantity is required. It is further submitted that from perusal of the complaint itself, it would manifest that the informant has stated that since the medicine was in small quantity, as such, no sample was taken, which amply demonstrates that petitioner was not indulging in selling the medicines, rather was using it for the purposes of dressing being a qualified dresser.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.39009 of 2024(2) dt.08-08-2024 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with CR (0) Case No. 10 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T