Pawan Kumar Hisariya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36232 of 2018 Arising Out of PS.Case No. -532 Year- 2018 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Pawan Kumar Hisariya, Son of Late Girdhari Prasad, Resident of Old Exchange Road, Ward No.8, P.S.- Sitamarhi, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 275, 276, 419, 420, 120B of the Indian Penal Code, Section 27/28 of the Drugs and Cosmetics Act, 1940 and Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

According to FIR, some coughs syrup were recovered from the medical store of the petitioner containing codeine. The FIR further discloses that those drugs were 'prescription drugs' and there was apprehension of its being misused. Submission of the learned counsel for the petitioner is that the petitioner's brother is bona fide licence holder to sell that drug and only requirement is to maintain a Register and

Patna High Court Cr.Misc. No.36232 of 2018 (2) dt.02-07-2018 2/2 to sell the same only on prescription of registered medical practitioner. There is no allegation of violation of these conditions. Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sitamarhi Police Station Case No. 532 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T