Pradeep Kumar Singh @ Pradip Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38826 of 2024 Arising Out of PS. Case No.-18 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== Pradeep Kumar Singh @ Pradip Kumar Singh S/O Sri Sitaram Singh R/O Village- Kanhauli Ward No. 8, P.S- Khajauli, Distt.- Madhubani. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Govt. Official Complain Case No. 18 of 2023, registered on 18.10.2023, for the alleged offence under Sections 18(C), 18(a)vi and 27(b)(ii), 27(d) and 65(7) of Drug and Cosmetic Act.

03. As per prosecution case, the petitioner was found selling alopathic medicines without any license.

04. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. The petitioner is a Rural Medical Practitioner and has kept the medicines for giving it to patients who visited him. No

Patna High Court CR. MISC. No.38826 of 2024(3) dt.21-09-2024 2/3 expired or harmful medicines have been found from the petitioner. The petitioner has not been running any shop for sell/purchase of medicine. Even the medicines were merely physician's samples, which were not for sale. The petitioner has got no criminal history.

05. Learned A.P.P. for the State opposes the prayer for anticipatory bail. Learned APP submits that there was nothing on record to show that the petitioner is a Rural Medical Practititioner.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the possibility of false accusation, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, Madhubani/court concerned in connection with Govt. Official Complain Case No. 18 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) Before accepting the bail bond of the petitioner,

Patna High Court CR. MISC. No.38826 of 2024(3) dt.21-09-2024 3/3 the concerned court shall verify whether the petitioner has been accused in similar type of case, if there is any antecedent of similar offence, the bail bond of the petitioner will not be accepted.

(ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iv) If the petitioner is found involved in similar nature of offences in future, the prosecution would be at liberty to move for cancellation of bail bond of the petitioner.

(Arun Kumar Jha, J) Ashish/- U T