Patna High CourtCR. MISC./359/2016disposed

Hareram Sah v. The State Of Bihar

2016-01-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.359 of 2016 Arising Out of PS.Case No. -5 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictDARBHANGA ======================================================

1. Hareram Sah Son of Kapleswer Sah, resident of village-Pakahi, PostJhajhra, P.S.- Kusheswar Asthan, District- Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sita Ram Yadav For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-01-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 27(B)(2) and 28 of the Drugs and Cosmetic Act.

It is alleged that the petitioner was running a medical shop without having valid licence.

It is submitted by the learned counsel for the petitioner that total medicine worth rupees two thousand eighty was recovered. The nephew of the petitioner applied for the drugs licence though his licence was issued subsequent to the lodging of the case and the quantity of recovery does not reflect that the

Patna High Court Cr.Misc. No.359 of 2016 (2) dt.07-01-2016 2/2 petitioner was selling the medicine and only on suspicion the accusation has been levelled. It is further submitted that the complaint does not suggest that any one was purchasing medicine from the petitioner. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with G.O. Case No. 5 of 2014 pending in the court of learned SDJM, Biraul at Benipur. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T