Santosh Kumar Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.54919 of 2016 (02) dt.21-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54919 of 2016 Arising Out of PS.Case No. -73 Year- 2016 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ====================================================== Santosh Kumar Sah, S/o Rameshwar Sah, resident of village-Union Tola, Ward No.3, P.S. Jainagar, District-Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhash Ranjan Thakur -Advocate For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Two persons were apprehended including the petitioner along with a carton containing the medicines as detailed under seizure list in contravention of Drugs and Cosmetics Act as well as under different Penal Provisions of the I.P.C. in the background of the fact that those medicines were not for sale as the same happens to be meant for government supply. Virtually, petitioner along with co-accused had fallen victim of circumstance. Unfortunately, they fallen pray at the end of the R.P.F. Personnel, whom they failed to appease and on account thereof, he has been dragged in instant case keeping behind bar for more than 24 hours, consuming the statutory requirement. It has also been submitted that petitioner has got no

Patna High Court Cr.Misc. No.54919 of 2016 (02) dt.21-12-2016 criminal antecedent.

On the other hand, learned Additional Public Prosecutor opposed the prayer and submitted that 469 vials of Ceftriaxone injection was found, but fairly concedes with regard to joint possession having with one Raj Kumar Gupta by the petitioner.

Considering the period of detention since 01.09.2016 in consonance with the theme of joint possession, petitioner, Santosh Kumar Sah is directed to 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 Additional Chief Judicial Magistrate Rail, Samastipur in connection with Darbhanga (Jainagar) Rail P. S. Case no.73 of 2016.

(Aditya Kumar Trivedi, J) Vikash/- U T