Shital Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21033 of 2018 Arising Out of PS.Case No. -264 Year- 2017 Thana -PIRBAHOR District- PATNA ======================================================

1. Shital Kumari W/o Dhiraj Kumar Resident of Naya Tola, Triloki Market, P.S. - Kadamkuan, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2018 The petitioner is apprehending her arrest in connection with Special Case No. 75 of 2017, arising out of Pirbahore P.S. Case No. 264 of 2017, registered for offences punishable under Sections 27, 28 and 30 of the Drugs & Cosmetics Act, 1940 and Section 22 and 23 of the Narcotic Drugs and Psychotropic Substance Act, 1985 as well as under Section 274, 275, 276, 284, 379, 406, 413, 414, 419, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

Petitioner is a lady and allegation against her is of recovery of expiry medicines which were found relabeled with a new expiry date.

It has been submitted on behalf of the petitioner that he is not licensee nor the proprietor. Moreover, other co-accused having

Patna High Court Cr.Misc. No.21033 of 2018 (3) dt.08-05-2018 2/3 similar allegation has already been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 03.11.2017 passed in Cr. Misc. No. 38480 of 2017 and 47318 of 2017 and by this court vide order dated 19.08.2017 passed in Cr. Misc. No. 37205 of 2017 and the case of the petitioner is on better footing than those, who have been granted the privilege of anticipatory bail.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also the fact that other co-accused has already been granted the privilege of anticipatory bail and petitioner is a lady, as such, let the petitioner above named, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -1st, Patna, connection with Special Case No. 75 of 2017, arising out of Pirbahore P.S. Case No. 264 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a

Patna High Court Cr.Misc. No.21033 of 2018 (3) dt.08-05-2018 3/3 local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U