Bihari Jee Keshari v. The State Of Bihar Through Ranjeet Kumar, Drug Inspector, Buxar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45904 of 2023 Arising Out of PS. Case No.-12 Year-2011 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Bihari Jee Keshari Son Of Shri Sidhnath Keshari Resident Of Mohalla- Jangal Bazar, Dumaraon, Post And Ps- Dumaraon, Dist- Buxar ... ... Petitioner

Versus

The State Of Bihar Through Ranjeet Kumar, Drug Inspector, Buxar Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Choubey For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 27 (C) 28 and 28A of the Drugs and Cosmetics Act.

3. As per the prosecution case, samples of Powrin tablet was taken from a Medical Store in which petitioner was working as pharmacist and the same was found to be substandard and spurious.

4. Learned counsel appearing for the petitioner submits that though there is allegation, but the inspection report reveals that no Powrin tablet was found in the Medical store in question thus whole prosecution case fails. Moreover, petitioner was merely a pharmacist and not the owner of the Store. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.45904 of 2023(2) dt.10-08-2023 2/2

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, 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 Judicial Magistrate 1st class, Buxar in Complaint Case No. 12(O) of 2011, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T