Shankar Kumar Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.38942 of 2016 (2) dt.17-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38942 of 2016 Arising Out of PS.Case No. -305 Year- 2016 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Shankar Kumar Sah son of Yogendra Sah Resident of Village-Mirzapur West (Mahichanda), P.S.-Simraha, Dist-Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

Petitioner, Shankar Kumar Sah, is in custody since 29.06.2016 in Forbesganj P.S. Case No. 305 of 2016 registered under Sections 27(b)(ii), 25 read with 36 AC Drug and Cosmetic Act. 3.

According to prosecution case, from the shop of the petitioner, 20 bottles of 100 M.L. cough syrup were recovered by the Drug Inspector. The petitioner runs a grocery shop only and he ha no authority to sell the drugs.

4.

Learned counsel for the petitioner submitted that the shop of the petitioner is in village and that the cough syrup found are not dangerous medicines.

4.

Considering the facts and circumstances of the case, I direct the petitioner, above named, be released on bail on furnishing

Patna High Court Cr.Misc. No.38942 of 2016 (2) dt.17-09-2016 bail bond of Rs. 5,000/- (Five Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 305 of 2016.

brajesh/- (Mungeshwar Sahoo, J) U T