Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74274 of 2019 Arising Out of PS. Case No.-247 Year-2019 Thana- DEEPNAGAR District- Nalanda ====================================================== RAJESH KUMAR S/o Bhuneshwar Prasad Resident of Village- Ursha, P.O.- Sadipur, P.S.- Akauna Godapur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binit Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 420 of I.P.C. and 27(b)(ii), 28, 22(3), 27(d) of Drugs and Cosmetics Act, 1940 Allegation is that on 29.08.2019 the Drug Inspector raided the premises of Life Line Multi Speciality Hospital and in course of raid the Manager of the Hospital did not produce any registration certificate nor any valid paper to run the Hospital and to store the medicines. On search, 78 medicines have been seized.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.74274 of 2019(2) dt.27-11-2019 2/2 petitioner. The petitioner is said to be the Manager of the Nursing Home in question. The said Nursing Home is not in running condition. At the relevant time no paper was produced by the authority of the Nursing Home in respect of drugs which were recovered. The petitioner has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Deepnagar P.S. case No.247 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T