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Patna High CourtCR. MISC./39449/2021bail granted

Rahul Raj v. The State Of Bihar

2021-12-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39449 of 2021 Arising Out of PS. Case No.-309 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== RAHUL RAJ Son of Shree Gopal Prasad @ Gopal Prasad Resident of Mohalla- Ishakchak, B- Tola, P.S.- Ishakchak, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s P.K.Shahi, Sr. Advocate Rakesh Kumar, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-12-2021 Heard learned senior counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 188 and 420 of the Indian Penal Code and sections 18(c), 18(a)(vi), 18, 18(B), 27(b)(ii), 27(d), 28 and 28A of the Drugs and Cosmetics Act, 1940 (amended 2008), sections 59 and 60 of the Disaster Management Act 2005, and section 7 of the E.C.Act, 1955. As per the prosecution case, one Alam was caught trying to sell Remdesiver injection in black on the basis of papers/documents. It is further stated that on inquiry he disclosed that the documents had been produced by the petitioner herein who is Manager of Pulse Hospital.

Patna High Court CR. MISC. No.39449 of 2021(2) dt.06-12-2021 2/2 It is submitted by learned senior counsel for the petitioner that the allegations as levelled against the petitioner are false and concocted. No incriminating article has been recovered from his possession. The material against him is the statement of the co-accused made before police. The petitioner is in custody since 6.5.2021 and chargesheet has been submitted in the case. He has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation together with the petitioner having remained in custody for 7 months, the petitioner is directed to be enlarged on bail in connection with Kotwali P.S. Case no. 309 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge II-cum-Special Judge (Excise Act), Bhagalpur. (Partha Sarthy, J) Spd/- U T