Jitu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51422 of 2018 Arising Out of PS.Case No. -368 Year- 2018 Thana -PIRBAHOR District- PATNA ====================================================== Jitu Kumar, S/o Krishna Prasad, R/o Bihari Sao Lane, P.S.- Pirbahore, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate Mr. D. N. Tiwari, Advocate For the Opposite Party/s : Smt Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Pirbahore P.S. Case No.368 of 2018 instituted for the offence under Section(s) 420, 276 & 279 Indian Penal Code.

Counsel for the petitioner submits that petitioner was having bonafide license issued by the competent authority and it was renewed up to 15.07.2019. Xerox copy of license has been enclosed as Annexure-2. Counsel for the petitioner has further submitted that medicine given by petitioner to the informant is genuine medicine. The petitioner has purchased the aforesaid medicine from Phheu Pharma and Kanchan Pharma respectively. The petitioner is having license for purchasing the aforesaid medicine. A photocopy of purchase invoice has been

Patna High Court Cr.Misc. No.51422 of 2018 (2) dt.29-08-2018 2/2 enclosed as Annexure-3.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Pirbahore P.S. Case No.368 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- Rohit Kr.

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