Patna High CourtCR. MISC./64574/2025allowed

Sri Majharool Haque v. The State Of Bihar

2026-01-21Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64574 of 2025 Arising Out of PS. Case No.-42 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Sri Majharool Haque S/o Shri Ijaharool Haque R/o Village- Rambhadrapur Ratwara, P.S.- Kalyanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Shankar Das, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. (G.O) No. 42 of 2016 for the offences under section 18(c), 27(B)II, 18(a)(v), 27(D), 18(A), 28 of the Drugs and Cosmetic Act, 1940 and Section 420 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is that he was running his medicine shop without valid drug license.

4. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in this case. In course of hearing learned counsel for

Patna High Court CR. MISC. No.64574 of 2025(4) dt.21-01-2026 2/2 the petitioner relied upon Annexure-P2 which is drug license dated 08.04.2005 which was valid till 07.04.2010 and he has also produced a photocopy of the challan dated 05.05.2015 by which Rs. 4,000/- was deposited with the department in proper form for renewal of the drug license.

5. He further submits that the petitioner has no criminal antecedent.

6. Considering the aforesaid facts, this court finds that the allegation against the petitioner of running medicine shop without valid drug license cannot be sustained, so, this anticipatory application is allowed.

7. Let the petitioner, above named, in the event of his/her arrest or surrender before the concerned Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- ( Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Samastipur in connection with Complaint Case No. (G.O) No. 42 of 2016 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the B.N.S.S.

(Sandeep Kumar, J) atul/- U T