Vicky Sharma @ Vicky Kumar Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19173 of 2017 Arising Out of PS.Case No. -310 Year- 2016 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ====================================================== Vicky Sharma @ Vicky Kumar Vishwakarma S/o Arjun Sharma r/o vill - Katri Sarai, P.S. - Katri Sarai, Distt. - Nalanda. .... .... Petitioner.

Versus

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

For the Petitioner : Mr. Amresh Kumar Sinha, Adv. For the Opposite Party : Dr. Indiwar Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-06-2017 Heard learned for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Giriak P.S. Case No.310/16 registered under Sections 467, 468, 471, 420, 120-B of the Indian Penal Code and 66 of the IT Act, 2008, Section 18 (A), 18 (B), 18 (C), 27 (C), 28 (A), 27 (B) (II), 33 EEC (B), 33 (I) of the Drugs and Cosmetic Act, 1940 and Sections 3, 4, 5, 7, 9 (A) of the Magic Remedies Act, 1954.

As per the prosecution case, business of illegal medicine and cheating under the scam of Chehra Pahchano Inam Payo were being carried by the accused persons named in the F.I.R.

It has been submitted that the petitioner is an innocent persons and has been falsely implicated in this case.

Patna High Court Cr.Misc. No.19173 of 2017 (05) dt.15-06-2017 - 2 - There is no complaint against the petitioner regarding cheating and no medicine has been recovered from the conscious possession of the petitioner. Similarly situated co-accused persons have been granted bail by a co-ordinate Bench of this Court in Cr. Misc. Nos.3779 of 2017, 8814 of 2017, 3762 of 2017 and 13398 of 2017 vide orders dated 29.03.2017, 02.03.2017, 29.03.2017 and 02.05.2017.

Considering the facts aforesaid and the nature of allegation as made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000.00 (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsharif in Giriak P.S. Case No.310/16, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prakash Chandra Jaiswal, J.) Trivedi/- U T