Patna High CourtCR. MISC./8114/2018allowed

Bijendra Kumar @ Bikendra Kumar v. The State Of Bihar

2018-02-09Mr. Justice Arun Kumar1 pages

Patna High Court Cr.Misc. No.8114 of 2018 (2) dt.09-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8114 of 2018 Arising Out of PS.Case No. -320 Year- 2017 Thana -PIRBAHOR District- PATNA ====================================================== Bijendra Kumar @ Bikendra Kumar, son of Satyadeo Prasad, resident of A/14, Maa Bhawani Palace, Govind ZMitra Road, PS Pirbahore, District Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-02-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Pirbahore PS Case No. 320 of 2017 registered under Sections 419, 420, 467, 468, 120B of the IPC, Sections 28, 28A, 27(d) of Drugs and Cosmetic Act and Section 36AC of Drugs and Cosmetic Amendment Act. The allegation in brief is that some drugs were recovered from the possession of one Mukesh Kumar who disclosed that part of the medicines were purchased from the shop of the petitioner and he had issued sale receipt of eight types of medicines except the four remaining medicines.

Learned Counsel for the petitioner submits that under the Drugs and Cosmetic Act institution of the police case is without jurisdiction, more over co-accused similarly situated was admitted to anticipatory bail by a coordinate Bench of this Court and the petitioner is in custody since 19.11.2017.

Having considered the said facts and circumstances, the petitioner, namely, Bijendra Kumar @ Bikendra Kumar is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM Patna in connection with Pirbahore PS Case No. 320 of 2017.

Snkumar/- (Arun Kumar, J.) U T