Dharmendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52729 of 2017 Arising Out of PS.Case No. -72 Year- 2017 Thana -BAHADURPUR District- PATNA ====================================================== Dharmendra Kumar Singh S/o Late Ganga Prasad Singh, R/o MohallaP.I.T. Colony, Quarter No. L-2/27, Kankarbagh, P.S.- Patrakar Nagar, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suresh Mishra, Advocate. For the Opposite Party/s : Mr. Ram Anurag Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bahadurpur P.S. Case No. 72 of 2017 registered under Sections 274, 275, 276, 419, 420, 467, 468 and 120(B) of the Indian Penal Code, Sections 27(a), 27(c), 27(B)(ii), 28, 28(a) and 30 of Drug and Cosmetic (Amendment) Act-2008, Section 7 of Drugs and Magic (obj. pub) Act 1954 and Section 7(1) (ii) of the E.C. Act, 1955. On tip off about running of racket of spurious drugs, a raid was conducted in the house of the accused Bittu Sharma and he was found manufacturing/packaging of the said drugs. Said Bittu Sharma has disclosed that the said medicines are purchased

Patna High Court Cr.Misc. No.52729 of 2017 (3) dt.21-12-2017 2/2 by the petitioner and others and are sold in the market. It is submitted by learned counsel for the petitioner that the petitioner is not concerned with the aforesaid occurrence. No incriminating article has been recovered from his conscious physical possession. He was not caught on the spot as at that time he was in jail in connection with Patrakar Nagar P.S. Case No. 194 of 2017 and has been remanded in the case from the aforesaid case and he has been bailed out in the said case by this Court. The petitioner has been languishing in custody since 21.04.2017. Similarly situated co-accused, namely, Ravi Shankar Prasad has been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No. 52469 of 2017 vide order dated 04.12.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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, Patna City, Patna in connection with Bahadurpur P.S. Case No. 72 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T