Irfan Ahmad @ Dr. Irfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38532 of 2015 Arising Out of PS.Case No. -129 Year- 2015 Thana -BIHIYA District- BHOJPUR ====================================================== Irfan Ahmad @ Dr. Irfan Son of Late Md. Khurshid R/o Village Kesharwa Farwada, Telsil Bhawan, P.S. Farwada, District Meerut (UP) at present r/o village Sri Krishna Yadav ke Makan Main, Dak Bunglow Chowk, Belauti Place Bihia, P.S. Bihia District Bhojpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Makardhwaj Upadhyay, Advocate.

For the Opposite Party : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-09-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under Sections 107, 109, 120B, 274, 275, 276, 284, 292, 293, 294, 379, 406, 409, 420, 446, 468 and 34 of the Indian Penal Code and Sections 7(a), 7(b) of the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954, Section 2(1)(r) of the Consumer Protection Act, Section 7(i), 7(ii) of the Essential Commodities Act and Sections 27(a), (b), (c), (d), 28(a), 33(3), 23(i)(b) of the Drugs and Cosmetic (Amendment) Act, 2008.

One ad was written on different walls for treatment of impotency and other like disease by Dr. Sazid. The petitioner is a

Patna High Court Cr.Misc. No.38532 of 2015 (2) dt.07-09-2015 2/2 painter and he did not treat anybody neither claims to cure any disease.

It is submitted that many Sections of different Acts have been inserted in the FIR which have got no application at all. The petitioner is in jail since 11.05.2015.

Considering the facts aforesaid, nature of allegations made against the petitioner and the fact that the petitioner is in jail for last four months, the petitioner above named is directed to be enlarged 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 Chief Judicial Magistrate, Ara in Bihiya P.S. Case No. 129 of 2015.

(Prabhat Kumar Jha, J.) KKSINHA/- U T