Himanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62164 of 2021 Arising Out of PS. Case No.-418 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Himanshu Kumar Son of Guddu Kumar Resident of Village - Bangraha, P.s.- Town Khagariya, Distt.- Khagariya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-02-2022 Heard learned counsel for the petitioner and Shri Anand Kishore Choudhary, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with Town P.S. Case No. 418 of 2021 instituted for the offences under Sections 275, 276 and 34 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act, 2016, Sections 27(b)(ii), 28 and 27 of the Drugs and Cosmetic Act, 1940 and Sections 8 (c) and 21 (c) of the N.D.P.S. Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 06.07.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that he received secret information that at house of Gunjan Singh illegal sale and purchase of medicine is going on,

Patna High Court CR. MISC. No.62164 of 2021(5) dt.25-02-2022 2/2 accordingly the informant reached the place of occurrence and on seeing the police 8-9 persons started fleeing but were arrested, including the petitioner. Further, it is alleged that 313 bottles of medicine, as detailed in the F.I.R., was recovered. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case, from the F.I.R. it would manifest that allegation was that sale and purchase of medicine is going on in the house of Gunjan Singh and the petitioner was merely standing outside the house and came to be implicated when the police reached the place of occurrence.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 06.07.2021, is a person with clean antecedent and chargesheet has been submitted in the case, 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 District and Sessions Judge, Begusarai in connection with Town P.S. Case No. 418 of 2021. (Satyavrat Verma, J) Rishi/- U T