Devi Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62938 of 2021 Arising Out of PS. Case No.-583 Year-2019 Thana- PATRAKARNAGAR District- Patna ====================================================== Devi Prasad Gupta Son of Sri Lakshman Prasad Gupta Permanent Resident of Mohalla Chhoti Saraiyaganj, Jawahar Lal Road, P.S.- Town, District - Muzaffarpur - 842001 and Proprietor of M/s Ganpati Transport Corporation, Near Bahadurpur Gumti and Rejeshwar Hospital, Main Road, Kankarbagh, P.S.- Patrakarnagar, Town and District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Om Prakash, Advocate For the Opposite Party :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-04-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Patrakar Nagar P.S. Case No.583 of 2019, Special Case No. 89/2019 (Previous) /18/2019 (present) for offences under Sections 419 and 420 of the Indian Penal Code ; Section 21 and 23 of the Narcotic Drugs and Psychotropic Substances Act ; and Section 27(b)(ii), 27(d) and Sections 28/28(A) of the Drugs and Cosmetic Act.

Patna High Court CR. MISC. No.62938 of 2021(2) dt.11-04-2022 2/2 Petitioner is the proprietor of M/s Ganpati Transport Corporation. Codeine cough syrups were recovered from the abandoned place wherefrom three persons were arrested and they have stated that they were transporting drugs through transport company of the petitioner from Muzaffarpur to Patna. Petitioner is the proprietor of the transporting company. The petitioner is not expected to know the details of each and every consignment being transported through his transport company. Petitioner has no criminal antecedent of similar nature. Considering the aforesaid facts, this application for anticipatory bail is allowed.

Accordingly, let petitioner, above-named, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10, 000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-cum-Additional District and Sessions Judge-1, Patna in connection with Patrakar Nagar P.S. Case No.583 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sandeep Kumar, J) BT/- U T