Dinesh Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35746 of 2022 Arising Out of PS. Case No.-365 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Dinesh Kumar Chaudhary Son of Late Bihari Lal Chaudhary, Resident of Village - Raghunathpur, Ward No. 6, P.S.- Raghunathpur O.P., District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakil Ahmad Khan, Adv.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Turkauliya P.S. Case No. 365 of 2022, lodged under Sections 420, 468, 471, 275, 276, 308, 120(B) of the Indian Penal Code.

As per prosecution case, the allegation against the petitioner is that he was running an organization namely Sampurna Arogya Kendra in which he used to provide medicine through Ayurvedic methodology. The Drug

Patna High Court CR. MISC. No.35746 of 2022(2) dt.04-11-2022 2/3 Inspector have reached there and filed the case, that petitioner is running said Sampurna Arogya Kendra and selling medicines without any license.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is an Ayurvedic Doctor having degree of B.A.M.S. and he has also completed his M.D. course. He further submits that under Ayurvedic methodology the Doctors were trained for the preparation of medicines also and Drug Officer has no authority under Drugs and Cosmetics Act to disturb to any Ayurvedic practitioner. Learned counsel for the petitioner further submits that petitioner is in custody since 22.04.2022 and his antecedent is clean. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Turkauliya P.S. Case No. 365 of 2022, subject to the

Patna High Court CR. MISC. No.35746 of 2022(2) dt.04-11-2022 3/3 conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T