Ravi Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36478 of 2017 Arising Out of PS.Case No. -163 Year- 2017 Thana -KADAMKUAN District- PATNA ====================================================== Ravi Shankar Kumar, Son of Sri Basudeo Sah, Resident of VillageBarbigha Dih, P.S. Barbigha, District- Sheikhpura. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dilip Kumar Roy, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 21.04.2017 in connection with Kadamkuan P.S. Case No. 163 of 2017 for the offences alleged under Sections 276, 419, 420 and 468 of the Indian Penal Code and Sections 27(a) (b) (ii) (c) and 28 of the Drugs and Cosmetics Act, 1940 and Section 7(i)(ii) of the Essential Commodities Act, 1945.

3. It is submitted that the petitioner has been falsely implicated as admittedly raid was conducted in the house of one Sanjay Choudhary from where offending goods are said to have been seized. The said Sanjay Choudhary, however, has not been made accused. The petitioner is neither owner nor manager of the firm said to be conducting business in respect of the expired medicines. The petitioner is a daily wage earner and has no connection with the subject goods. He claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction

Patna High Court Cr.Misc. No.36478 of 2017 (2) dt.10-08-2017 2/2 of learned Sub-Divisional Judicial Magistrate, Patna in connection with Kadamkuan P.S. Case No. 163 of 2017 with the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/- U T