Rohit Kumar @ Rohit Agrawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63456 of 2021 Arising Out of PS. Case No.-02 Year-2018 Thana- GOVT. OFFICIAL COMP. District- Patna ====================================================== ROHIT KUMAR @ ROHIT AGRAWAL Son of Subhash Chandra Agarwal Sabzibagh, P.S.-Pirbahore, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with complaint case no. 02 of 2018 in Special (Drug) P.S. Case no. 18 of 2018 instituted for the offence under Sections 27(b) (ii), 27(c), 27(d), 28, 28A, 28B and Section 22(b) and other allied sections of the NDPS Act and other 419, 420, 467, 468, 274, 275, 276 and 120B sections of Indian Penal Code. As per allegation in the FIR, petitioner is indulged in black marketing of medicines. In course of raid, at shop no. B18 it was found that most of the drugs were being transported without valid bill, wherein neither there is name of consignor nor consignee. Further it was found that all drugs supplied by consignee without any chit of paper.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.63456 of 2021(6) dt.12-10-2022 2/2 has submitted that petitioner is innocent and has committed no offence. Petitioner is not running shop of medicine rather he is running shop for plastic materials for medicine and only due to confusion he has been implicated in this case. Petitioner is not named in the complaint. He has got no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Complaint Case No. 02 of 2018 in Special Drugs Case No. 18 of 2018, he will be enlarged 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 Additional District and Sessions Judge 1st Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U