Manjeet Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56822 of 2018 Arising Out of PS. Case No.-233 Year-2018 Thana- PIRBAHOR District- Patna ====================================================== Manjeet Kumar Roy S/o Shiv Nandan Roy, R/o Mohalla- Birsa Aadiwasi Colony, Sandalpur, Kumhrar, P.S.- Alamganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parwej Khan For the Opposite Party/s :

Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered under Sections 420, 274, 275, 276, 467, 468 and 120B of the Indian Penal Code and Section27©, 28, 28(A), 27(b) (ii) and 27(d) of the Drugs and Cosmetic Act, 2008. The prosecution case, in short, is that in a search conducted by the informant, accused persons were found involved in selling of counterfeit medicine.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. A search was made in different shops including the

Patna High Court Cr.Misc. No.56822 of 2018(2) dt.08-10-2018 2/2 shop of the petitioner. In other two shops, expiry drugs were found. As far as the shop of the petitioner was concerned, no such expiry drug was found. The petitioner has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Pirbahore P.S. Case No. 233 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T