Vivek Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56798 of 2019 Arising Out of PS. Case No.-120 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== VIVEK KUMAR @ CHHOTU Son of Bed Narayan Prasad Singh Resident of Village- Krishna Nagar Ward No. 22, P.S. and District- Saharsa. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Prasad Singh For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks Anticipatory bail in connection with Special Case No. 02 of 2019 corresponding to Saharsa P.S. Case No. 120 of 2019 registered under Sections 120-B of the Indian Penal Code and Section 22 of N.D.P.S. Act and Section 18(C), 27(b)(ii), 18A & 36 AC of Drugs & Cosmetics Act 1940, Amendment Act, 2008.

Informant is the drug Inspector, who in his written complaint has stated that huge quantity of Codeine Phosphate Cough Syrup was being transported from Patna to Saharsa and on receiving such information, he reached the place of occurrence, upon which accused assembled there started to flee. However, some of them were apprehended and the apprehended

Patna High Court CR. MISC. No.56798 of 2019(3) dt.16-11-2019 2/2 accused disclosed that the syrup was brought from Bharat Medical, Patna and has also named petitioner as one of the accused. Nothing has been recovered from conscious possession of petitioner and he is a licensee of Medical shop and whole sale dealer in medicine. Charge sheet has not been submitted under the N.D.P.S. Act rather under the Drugs and Cosmetics Act. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, prayer of Anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to 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 Sessions Judge at Saharsa, in connection with Special Case No. 02 of 2019 corresponding to Saharsa P.S. Case No. 120 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (S. Kumar, J) veena/- U T