Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43738 of 2019 Arising Out of PS. Case No.-101 Year-2019 Thana- EKANGARSARAI District- Nalanda ====================================================== RAJNISH KUMAR Son of Sri Shrawan Thakur, Resident of VillageChamera, P.S.-Ekangarsarai, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s A. K. Thakur and Shashank Shekhar, Advs.

For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Ekangarsarai P.S. Case No. 101 of 2019 registered for offence punishable under section 420 of the Indian Penal Code and sections 27 (b) (ii), 28 of the Drugs and Cosmetic Act.

A raid was conducted in the house of the petitioner where it has been found that he was running medical store as well as nursing home. It has further been alleged that the medical store is being run without any proper licence from the competent authority and from where medicines were also collected.

The learned counsel for the petitioner submits that it

Patna High Court CR. MISC. No.43738 of 2019(2) dt.16-07-2019 2/2 is a village and the villager has kept some medicine for emergency situation for family members and no material has come of sale and purchase of drugs.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Hilsa (Nalanda) in connection with Ekangarsarai P.S. Case No. 101 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Shivaji Pandey, J) Mahesh/- U T