Dhiren Yadav @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55106 of 2019 Arising Out of PS. Case No.-260 Year-2019 Thana- ARARIA District- Araria ====================================================== DHIREN YADAV @ NIRAJ KUMAR Son of Chulai Yadav Resident of Village - Ithara, P.S.- Araria (R.S.), District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Makardhwaj Upadhyay For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-09-2019 This application, for grant of anticipatory bail, arises out of Araria (R.S) P.S. Case No. 260 of 2019, disclosing offences under Sections 27(B), 28 of the Drugs and Cosmetic Act.

Allegation against the petitioner is of running the medicine shop without having any valid license. Apart from that it appears that petitioner is an accused in one more case under Section 30(a) of the Bihar Prohibition and Excise Act. Submission of learned counsel for the petitioner is that in fact the petitioner runs a gumti near the station and earlier to this occurrence, he has also been made accused in a case under Bihar Prohibition and Excise Act and at that time, there was no allegation that he is running a medicine shop and this false case has been lodged only after the petitioner has been

Patna High Court CR. MISC. No.55106 of 2019(2) dt.02-09-2019 2/2 granted the privilege of anticipatory bail in earlier case. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Araria (R.S) P.S. Case No. 260 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T