Harendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65120 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Harendra Singh aged about 66 years, Son of Late Sitaram Singh Resident of Village - Kamarchak, P.S.- Kalyanpur, Distt - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gauri Shankar Thakur, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 2442/2019 registered under section 27 (b) (ii) Drug and Cosmetic Act.

The allegation against the petitioner is that the chemist shop of the petitioner was inspected by the Drug Inspector on 02.04.2019 and the cash memo relating to medicine Liv. 52, Aristozyme were not found and further no license to sell Deca Dura injection having a total quantity of 7 files were not available in the shop.

Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.65120 of 2019(2) dt.24-10-2019 2/3 that the petitioner has falsely been implicated in this case due to oblique motive inasmuch as on the first date of inspection i.e. 02.04.2019 only two files of Aristozyme and Liv 52 were found not having any cash memo and again the Drug Inspector raided the shop of the petitioner on 25.04.2019 and found that the petitioner was having no license to sell Deca Dura injection. Learned counsel for the petitioner submits that the petitioner is having a valid license to run the chemist shop and these medicine which have been recovered, some of them comes under the Ayurvedic medicine and other medicine are relating to Engyme. Learned counsel for the petitioner further submits that the present complaint has been lodged by the Drug Inspector in order to harass the petitioner.

After having heard learned counsel for the parties and taking into consideration the fact that the petitioner is having a valid license to run the chemist shop, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.65120 of 2019(2) dt.24-10-2019 3/3 amount each to the satisfaction of learned S.D.J.M., Sadar Motihari, East Champaran in connection with Complaint Case No. 2442/2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U