Ram Viswash Rai @ Ram Viswash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63089 of 2017 Arising Out of PS.Case No. -91 Year- 2016 Thana -KANHAULI District- SITAMARHI ======================================================

1. Ram Viswash Rai @ Ram Viswash, son of Shri Chandeshwar Rai, R/o Village- Morahadih, P.S.- Kanahauli, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Kanahauli Police Station Case No. 91 of 2016 registered for offences punishable under sections 413, 436, 476, 418 of the Indian Penal Code and section 18'c, 27'B(ii), 18'A, 18'B', 28 and 36AC of Drugs and Cosmetics Act.

Learned counsel for the petitioner submits that the Drug Inspector conducted raid in the house of this petitioner in his absence. The said Inspector actually has not seized any medicine from the house of the petitioner. The medicines which are said to be seized, were kept by the petitioner for his use as he is a Compounder. The allegation as made in the written report, do not attract provision of either any

Patna High Court Cr.Misc. No.63089 of 2017 (2) dt.11-01-2018 2/2 Indian Penal Code or the Drug and Cosmetics Act. The petitioner is in custody since 08.11.2017 having clean antecedent. Considering the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Sitamarhi in connection with Kanahauli Police Station Case No. 91 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) Mahesh/- U T