Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48624 of 2021 Arising Out of PS. Case No.-114 Year-2021 Thana- PATLIPUTRA District- Patna ====================================================== Saurabh Kumar, S/O Gangadhar Singh, R/o village- Road No. 05 Near New Apna Medical Hall, Indrapuri, Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 05-04-2022 The applicant is being given out of turn hearing on account of ailment of his mother which is not disputed by the other side.

The applicant/accused in Crime No. 114 of 2021 registered with Patliputra Police Station for the offences punishable under Sections 420 and 120(B) of the Indian Penal Code as well as Sections 27(b)(ii), 28 and 28A of the Drugs and Cosmetics Act, 1940, by this application is seeking his release on bail after filing of the charge sheet. Heard the learned counsel appearing for the applicant/accused who argued that the investigation of the subject crime is over.

The learned Additional Public Prosecutor opposed the application by contending that the applicant was selling the

Patna High Court CR. MISC. No.48624 of 2021(6) dt.05-04-2022 2/3 drugs without obtaining licence and without issuing bills. I have considered the submissions so advanced and also perused the materials placed before me.

Allegations against applicant found in the FIR lodged by the Drugs Inspector are to the effect that he was dealing in the drugs without having licence. He sold and purchased the drugs without obtaining licence and without issuing bills.

The investigation of the subject crime is over. The applicant is not having any criminal antecedent, I see no reason to refuse bail to him. Therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No. 114 of 2021 registered with Patliputra Police Station be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the

Patna High Court CR. MISC. No.48624 of 2021(6) dt.05-04-2022 3/3 trail court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the appellant/accused.

(A. M. Badar, J) Bhardwaj/- U T