Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 6806 of 2021 Arising Out of PS. Case No.-239 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== Rajesh Kumar Son of Sri Fuleshwar Mandal Resident of Village- Sukhasan Kothi, P.S.- Barhara, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr. Binod Kumar no.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-05-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Special (Drugs and Cosmetics Act) Case No. 4 of 2020/CIS No. 4 of 2020 arising out of Barhara Police Station Case No. 239 of 2019 registered under section 420 of the Indian Penal Code and sections 18A, 18C, 27(b), 28, 27(d)(ii) and 65(17) of the Drugs and Cosmetics Act.

As per allegation in the F.I.R., on information having been received, a raid was conducted and it is stated that various drugs as detailed in the F.I.R. were found in possession of the petitioner without any purchase bills. Thus the F.I.R. It is submitted by learned counsel for the petitioner

2/2 that no offence under the Drugs and Cosmetics Act is made out against the petitioner. The petitioner assists in providing first aid to the persons in the locality. He is in custody since 12.10.2020 and has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the nature and quantity of the drugs/medicines seized and the period in custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Special (Drugs and Cosmetics Act) Case No. 4 of 2020/CIS No. 4 of 2020 arising out of Barhara Police Station Case No. 239 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, Purnea.

(Partha Sarthy, J) Bibhash U T