Kuseshwar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45706 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== KUSESHWAR SAH S/O LATE BALLU SAH R/O VILLAGEBALUAHAN, P.S- HATHAURI, DISTT.- MUZAFFARPUR. ... ... PETITIONER/S

VERSUS

1.

THE STATE OF BIHAR 2.

SRIDHAR NARAYAN, DRUG INSPECTOR, MUZAFFARPUR-05, DISTT.- MUZAFFARPUR. BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 27(b) (ii) and 28A of Drugs and Cosmetics Act.

3. It is alleged that petitioner was running a drug store without any authorization and license.

4. It is submitted that no incriminating material has

Patna High Court CR. MISC. No.45706 of 2023(2) dt.10-08-2023 2/3 been recovered from the shop of the petitioner. There is no cheat of paper to show that petitioner is the owner of any drug store and only on suspicion he has been made accused in this case. The shop in question is run by father of the petitioner and petitioner has been made accused in this case merely because he happens to be the son of owner of the shop. Petitioner claims clean antecedent.

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

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six 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 of Court of 1st Additional District & Sessions Judgecum-Special Judge (Drugs and Cosmetics Act), Muzaffarpur in connection with Drug and Cosmetic Act complaint case no . 66 of 2022, subject to the conditions laid down under section

Patna High Court CR. MISC. No.45706 of 2023(2) dt.10-08-2023 3/3 438(2) of the Code of Criminal Procedure.

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