Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60117 of 2021 Arising Out of PS. Case No.-159 Year-2021 Thana- BASOPATTI District- Madhubani ====================================================== KAMLESH KUMAR S/O KARI YADAV R/o village- Khairaman @ Khairamath, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Basopatti P.S. Case no. 159 of 2021 instituted for the offence under Section 420 of the Indian Penal Code and Section 18(c), 18(a), 65(17) and 18(a) (VI) of the Drugs and Cosmetic Act.

As per allegation in the FIR, without any valid license, petitioner was running a medical shop which is violation of Drugs and Cosmetics Act.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no

Patna High Court CR. MISC. No.60117 of 2021(4) dt.22-09-2022 2/2 concern with the alleged medical shop. Co-accused Kari Yadav, who is the father of the petitioner is owner of the alleged shop. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Basopatti P.S. Case no. 159 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U