Patna High CourtCR. MISC./37915/2016bail granted

Arun Kumar v. Union Of India Through N.D.P.S., Bihar, Patna

2017-01-10Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37915 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictPATNA ======================================================

1. Arun Kumar, son of Late Rama Shankar Prasad, resident of MohallaThakurbari, Motihari, Ward No. 11, P.s. Motihari Town, Distt. East Champaran.

.... .... Petitioner/s

Versus

1. Union of India through N.D.P.S., Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Yogesh Chandra Verma and Mr. Umesh Kumar Singh For the Union of India : Mr. Rakesh Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 8/21 of N.D.P.S.Act, 1985. The petitioner is the proprietor of M/s Durga Drug Agency, Motihari. Some fortwin and other drugs were recovered from co-accused Abhishek Kumar. Co-accused Abhishek Kumar in his statement disclosed that the drug was supplied by the agency of the petitioner through Rainbow Transport.

Submission of the petitioner is that the petitioner is a valid licence holder vide licence dated 19.03.90 and subsequent renewals to sale or distribute such drugs for sale specified in

Patna High Court Cr.Misc. No.37915 of 2016 (6) dt.10-01-2017 2/2 Schedule C and C (1) of the Drugs and Cosmetic Act. Therefore no offence is made out against the petitioner. He is in custody since 21st June, 2016.

Considering the facts and circumstances of the case, let above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge under NDPS Act, Patna in NCB/NDPS Special Case No. 33 of 2016.

(Birendra Kumar, J) singh/- U