Patna High CourtCR. MISC./52463/2019rejected

Karan Kumar Singh v. The State Of Bihar

2019-08-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52463 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- JIYAPOKHAR District- Kishanganj ====================================================== KARAN KUMAR SINGH Son of Shanicharan Singh Resident of Village - Gilhabri, P.S.- Jiya Pokhag, Dist.- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amal Kumar Sinha For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-08-2019 Heard learned counsel for the parties.

This is an application for grant of anticipatory bail in connection with Jiyapokhar P.S. Case No. 09 of 2019, disclosing offences under Section 420 of the Indian Penal Code and Sections 18(C), 27(b) (ii), 18(a), 28, 27(d) of the Drugs and Cosmetics Act, 1940 (Amendment Act 2008).

The FIR has been registered by the Drug Inspector, Kishanganj, alleging that the petitioner was found running a medicine shop, without any valid licence. The list of drugs seized by the Drug Inspector formed part of the written information, on the basis of which the FIR has been registered. The Drug Inspector has recovered 56 types of allopathic medicines from the petitioner's shop, as alleged in the FIR.

Patna High Court CR. MISC. No.52463 of 2019(2) dt.22-08-2019 2/2 In my view, selling drugs/allopathic medicines without any licence may have serious consequence. Considering the gravity of the offence and the nature of accusation, I am not inclined to grant the petitioner the privilege of anticipatory bail. The application is accordingly rejected.

However, the petitioner is directed to surrender in the court below within four weeks from today and seek regular bail, if so advised. If he does so, the court below shall consider his prayer for regular bail on its own merit, without being prejudiced by the rejection of the present anticipatory bail application.

(Chakradhari Sharan Singh, J) HR/- U T