Abhimanyu Kumar Raj @ Abhimanyu Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37479 of 2019 Arising Out of PS. Case No.-222 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== ABHIMANYU KUMAR RAJ @ ABHIMANYU KUMAR RAY, Son of Subodh Ray, Resident of Village - Japteli, P.O.- Jagatpur, P.S.- Sahu Parbatta, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-06-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 29.03.2019 in connection with Khagaria P.S. Case No.222 of 2019 registered for the offence under Sections 419, 420, 467, 468, 120B of the Indian Penal Code and Sections 27(a), 27(b)(ii), 27(c), 28 and 28A of the Drug and Cosmetic Act, 1954.

Learned counsel for the petitioner submits that the entire allegation against the petitioner is false and misconceived as the petitioner was in valid possession of a proper licence for manufacturing and sale of Ayurvedic medicines and therefore the provisions as levelled in the F.I.R. is not attracted. It is further submitted that on the presumption that such spurious

Patna High Court CR. MISC. No.37479 of 2019(2) dt.20-06-2019 2/2 medicines were being prepared by the petitioner, the petitioner has been taken into custody. Learned counsel for the petitioner submits that there is no report regarding the said medicines being spurious and therefore the petitioner may be extended the privilege of bail. It is submitted that only while checking the vehicle on the suspicion that the articles which were being carried therein were the alcoholic liquors and were prohibited items, the petitioner has been taken into custody by the Drug Inspector.

Considering the aforementioned facts and circumstances and that the petitioner has got no criminal antecedents, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria, in connection with Khagaria P.S. Case No.222 of 2019.

(Anjana Mishra, J) PNM U T