Ramesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.444 of 2017 (2) dt.12-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.444 of 2017 Arising Out of PS.Case No. -169 Year- 2016 Thana -BUNIADGANJ District- GAYA ====================================================== Ramesh Kumar, Son of Shankar Dayal, resident of Village- Patwa Toli, Manpur, Police Station- Buniyadganj, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in jail custody since 21.10.2016 in connection with Buniyadganj P.S. Case No. 169 of 2016 registered for the offences punishable under Sections 419, 420, 467, 468 and 120(B) of the Indian Penal Code and Section 36AC, 27(B), 28, 28(A), 26(A), 27(d) of the Drugs and Cosmetics Act. Learned counsel for the petitioner submits that though the allegation against the petitioner is that certain drugs which were not to be supplied without licence, were found in his premises, the petitioner categorically asserts that he has valid licensee for such drugs and, therefore, recovery of the same from his premises could not be said to be illegal. He has, thus,

Patna High Court Cr.Misc. No.444 of 2017 (2) dt.12-01-2017 submitted that the licence for the said drugs has already been given to the petitioner, which is evident from the letter dated 14.03.2012 and the said license is valid with effect from 14.03.2012 to 13.03.2017. It is further submitted that entire prosecution against the petitioner is misconceived. Considering the aforesaid facts and circumstances of the case and that there is one other case against the petitioner, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the lime amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Buniyadganj P.S. Case No. 169 of 2016. (Anjana Mishra, J) Jagdish/- U T