Baidya Nath Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32287 of 2015 Arising Out of PS.Case No. -170 Year- 2014 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ====================================================== Baidya Nath Prasad, S/o Late Kishundeo Prasad, Resident of Village Kanhauli, P.S. Barharia, District Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sri Shiv Nandan, Drugs Inspector, Siwan (Rural). .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jeetendra Narayan, Advocate For the Opposite Party/s : Mr. Bharat Bhushan(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-08-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is apprehending his arrest in connection with C-II 170/14 (Tr. No.9/14) for allegedly having committed the offence under Sections 27(b)(ii), 27(d) and 28 of the Drugs and Cosmetics Act, 1940.

Learned counsel for the petitioner submits that the case against the petitioner is wholly misconceived. The petitioner is merely a petty dealer in the village who is running his shop with basic amenities and mixed items, few of which are also medicines. Learned counsel for the petitioner submits that false and frivolous complaint petition has been made in

Patna High Court Cr.Misc. No.32287 of 2015 (2) dt.14-08-2015 2/2 Janata Darbar in the District-Siwan on 15.9.2011 and in pursuance thereof, after lapse of four years, the present complaint case has been filed making false allegation against this petitioner.

Considering the nature of allegations made and the type of medicine found and also the fact that the petitioner is a man of fair antecedents, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released 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 A.D.J. Ist, Siwan, in connection with C-II 170/14 (Tr. No.9/14), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T