Kumar Kamlendu Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.51937 of 2018 (2) dt.26-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51937 of 2018 Arising Out of PS.Case No. -233 Year- 2018 Thana -PIRBAHOR District- PATNA ====================================================== Kumar Kamlendu Prasad, Son of Sri Jagdish Prasad Singh, resident of Village- Silao, Police Station- Silao, District- Nalanda. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Tej Narayan Singh, Adv. For the Opposite Party/s : Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-09-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Pirbahore P.S. Case No. 233/2018, registered for the offences punishable under Section 420, 274, 275, 276, 467, 468 and 120B of the Indian Penal Code and sections 27(c), 28, 28A, 27(b)(ii), 27(d) of Drugs and Cosmetics Act.

Allegation is selling counterfeit medicine.

It has been submitted that petitioner has falsely been implicated in this case. Petitioner is partner of the said firm. He has got valid drug license which is renewed upto 22.11.2021. Petitioner has no criminal antecedent. He is in custody since 26.04.2018.

Patna High Court Cr.Misc. No.51937 of 2018 (2) dt.26-09-2018 Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Pirbahore P.S. Case No. 233/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T