Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45790 of 2024 Arising Out of PS. Case No.-256 Year-2021 Thana- EKANGARSARAI District- Nalanda ====================================================== Suman Kumar S/O DEONANDAN KUMAR R/O VILLAGE- Ekangarsarai, P.S.- Ekangarsarai, DIST- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar , Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2024 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 406, 420, 465 and 467 of the Indian Penal Code .

3 . As per prosecution case , on 06.10.2021 , on secret information , police conducted raid in the house of this petitioner and recovered fake medicines of 528 piece bottle of 50 ml, 260 pieces rapper and 2 liters chemical of Buyer companyete .

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case . Petitioner has no knowledge about the seized articles and he is no way connected with aforesaid recovery . The raid was

Patna High Court CR. MISC. No.45790 of 2024(4) dt.23-09-2024 2/3 conducted in absence of this petitioner. It is further submitted that Section 100 of Cr. P C was not complied with during preparation of seizure list. During course of investigation , no substantive evidence has come against this petitioner. It is lastly submitted that police without verifying and examining the alleged articles has declared the same as fake . Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts, clean antecedent of petitioner and other circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisiuonal Judicial Magistrate Hilsa Nalanda in connection with Ekangersarai P.S. case No. 256 of 2021 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T

Patna High Court CR. MISC. No.45790 of 2024(4) dt.23-09-2024 3/3