Shishu Pal Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40825 of 2023 Arising Out of PS. Case No.-5 Year-2022 Thana- BHOJPUR COMPLAINT CASE DistrictBhojpur ====================================================== SHISHU PAL PANDEY Son of Sri Ramdhar Pandey Resident of village - Tarari, P.S. - Tarari, Distt. - Bhojpur (Bihar) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Tiwary For the Opposite Party/s :
Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 05(O) of 2022 registered for the offences punishable under Sections 27(b)(ii), 27(d) and 28 of Drugs & Cosmetcis Act, 1940.
3. Petitioner is accused of running unlicensed drug store.
4. It is submitted on behalf of the petitioner that the petitioner is not owner of the alleged drug store and he is the landlord and the alleged drug store is on rent. It is further submitted that from perusal of the inspection report which is the basis of the accusation of the petitioner does not disclose that
Patna High Court CR. MISC. No.40825 of 2023(2) dt.01-08-2023 2/2 the seized medicines were either expired or for sample or hospital use. The petitioner claims clean antecedent.
5. Considering the facts of the case, this pre-arrest bail petition is allowed. In the event of arrest/surrender within six weeks from today, let this petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of the learned Judicial Magistrate, 1st Class, Ara, Bhojpur in connection with Complaint Case No. 05(O) of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Ayush/- U T