Ranjit Kumar Burnwal @ Ranjit Kumar Burnmal v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73902 of 2018 Arising Out of PS. Case No.-426 Year-2018 Thana- PIRBAHOR District- Patna ====================================================== Ranjit Kumar Burnwal @ Ranjit Kumar Burnmal S/o Sri Shankar Lal Burnwal Partner , M/S Yas Raj Enterprises, Shop No. 7 R.C. Palace, G.M. Road, Patna, R/o Siristabad, P.S. Gardanibagh, Distt. Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Union of India through Drug Inspector, New Gardinar Road, Hospital Campus, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amresh Kumar Sinha, Advocate.

For the Opposite Party/s :

Mr. Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Pirbahore P.S. Case No. 426 of 2018 instituted for the offence under Sections 274, 275, 276, 420, 467, 468, 120(B) of the Indian Penal Code, Sections 17(B), 18(A), 18(B), 18(a), 27(C), 28, 28(A) and 27(d) of Drugs & Cosmetic Act.

In the written report it is alleged by the Drug Inspector that he received letter from State Drug Controller, Bihar, Patna, that a report from Kolkata has been received that two drugs were found to be spurious which were supplied by petitioner's firm. The raid was conducted and many drugs were

Patna High Court Cr.Misc. No.73902 of 2018(3) dt.09-01-2019 2/2 seized. The invoice was searched. On the invoice, name of different medicines appeared instead of actual supplied medicines supplied by the petitioner to Kolkata. It is further alleged that petitioner confessed that he purchased the medicines from Doranda Ranchi and supplied to one Ajay at Kolkata and he also issued the sale of invoice. Counsel for the petitioner submits that besides confessional statement, there is no material to show that aforesaid drugs were sold by the petitioner. Petitioner is in custody since 29.7.2018 having clean antecedent. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 learned Chief Judicial Magistrate, Patna, in connection with Pirbahore P.S. Case No. 426 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T