Ravi Shankar Prasad @ Ravi Shankar Kumar @ Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60670 of 2017 Arising Out of PS.Case No. -448 Year- 2017 Thana -PIRBAHOR District- PATNA ======================================================
1. Ravi Shankar Prasad @ Ravi Shankar Kumar @ Prasad, son of Late Basudeo Saw, resident of Village- Dih, P.S.- Barbigha, DistrictSheikhpura. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Pirbahore P.S. Case No.448 of 2017 registered for the offences punishable under Sections 274, 275, 276, 284, 379, 419, 420, 467, 468 and 120B of the Indian Penal Code and Sections 27(c), 27(b)(ii), 27(d), 28, 28(A), 30(a) & 30(c) of the Drugs and Cosmetic Act, 1940 and Section 7(a)(ii) of the Essential Commodities Act, 1955.
It is alleged that a Drug Inspector conducted raid in the medicine shop of Ravi Shankar Kumar in presence of one Ajay Verma. It has been submitted that a large number of medicines were seized which were not meant for sale in Bihar. On some of
Patna High Court Cr.Misc. No.60670 of 2017 (2) dt.19-12-2017 the medicines batch numbers were found tampered and some medicines were found expired. The co-accused Ajay Verma has been allowed bail in Cr.Misc.No.55417 of 2017 by one of the coordinate Bench of this Court on 17.11.2017. This petitioner has been made accused in the present case on the same allegation for which Kadamkuan P.S. Case No.163 of 2017 was registered. In the said case the petitioner has been allowed bail by this court in Cr.Misc.No.36478 of 2017 on 10.08.2017.
Learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Patna in connection with Pirbahore P.S. Case No.448 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure
Patna High Court Cr.Misc. No.60670 of 2017 (2) dt.19-12-2017 on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) Harish/- U