Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60510 of 2019 Arising Out of PS. Case No.-220 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Ajay Kumar, Son of Awadh Tanti, Resident of Village-Basudeopur Chandpura, P.S.-Muffasil, District-Begusarai. Proprietor M/s Ajay Medical Stores, Haibatpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nakul Kumar Jamuar For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2019 This is an application for grant of anticipatory bail in connection with Muffasil P.S. Case No. 220 of 2019, disclosing offences under Sections 414, 420, 467, 468 of IPC and Section 27 (A) (B), 28, 28(A) of Drugs Amendment Act, 2008. As per F.I.R. on raid on the medical shop of the petitioner, some schedule H & H1 drugs were found, sale of which was prohibited, without having any license and petitioner has no license for the same.

Submission of the learned counsel for the petitioner is that he is Rural Medical Practitioner (R.M.P.) and on that day, he was not present in the shop and allegation is false and concocted.

Heard learned A.P.P. also, who has opposed the prayer

Patna High Court CR. MISC. No.60510 of 2019(4) dt.20-11-2019 2/2 for anticipatory bail on the ground that there are allegations against the petitioner of selling the prohibited drugs. Having heard both sides, in view of the allegations, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, he has to surrender and pray for regular bail before the learned court below, which shall be considered by the learned trial court on the basis of the materials available on the record, without being prejudiced by order of this Court, and if, possible to be disposed of on the same day. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T