Chandrakant Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79876 of 2019 Arising Out of PS. Case No.-528 Year-2018 Thana- SUPAUL District- Supaul ====================================================== Chandrakant Jha Son of Shri Feku Jha, Resident of Village - Bhattabari, P.O. - Chunni Via Chhatapur, P.S.- Chhatapur, Distt. - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Supaul P.S. Case No. 528 of 2018 registered for offence punishable under sections 147, 148, 341, 323, 353, 402, 406, 467, 468, 504 of the Indian Penal Code and sections 18(c)/22(3)/27b(ii)/27(d) of the Drugs and Cosmetics Act, 1940. Allegation has been made that a raid was conducted in M/S Shri Laxmi Drug Store having license for selling of the certain drugs and it was found that without proper license some drugs were sold unauthorisedly by M/S Shri Laxmi Drug Store. It has been alleged that during raid, the Proprietor of M/S Shri Laxmi Drug Store called for several persons who disturbed the raid and the name of petitioner is not among sixteen persons named in the FIR. During investigation, out of 18, 01 invoice was found which was issued from the shop of the present petitioner.

Patna High Court CR. MISC. No.79876 of 2019(6) dt.18-01-2021 2/2 Learned counsel for the petitioner submits that the maximum punishment is one year for the alleged offence. Looking to the entirety of the matter, let the petitioner above named in event of arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 528 of 2018, subject to condition as laid down under section 438 (2) Cr.PC and further condition is that one of the bailors of the petitioner shall be his close relative. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. In case of failure on two consecutive dates, the prosecution shall be at liberty to move before the court below for cancellation of bail of the petitioner.

This order has been passed in presence of the learned counsel for the State.

(Shivaji Pandey, J) Mahesh/- U T