Satendra Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51487 of 2018 Arising Out of PS.Case No. -559 Year- 2015 Thana -BAHERA District- DARBHANGA ======================================================

1. Satendra Kumar Choudhary, Son of Ram Naresh Choudhary, resident of Village- Dherukh, P.S.- Bahera, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Kaushal Kumar Jha For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Bahera P.S.Case nO.559 of 2015 , registered for offences punishable under Sections 274, 275, 276, 420 of the Indian Penal Code and Section 27(B), 27(d) of the Drugs and Cosmetics Act. Allegation against the petitioner is that he is running the shop without having proper licence and does not maintain the register.

Submission of the learned counsel for the petitioner is that no infurious and the expiry drugs were found from the shop and he is having licence for running the shop, though not for that place. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.51487 of 2018 (3) dt.19-09-2018 2/2 circumstances, as stated above, let the petitioner, above named, surrender before the court below within a period of six weeks from the date of order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Benipur, Darbhanga in connection with Bahera P.S.Case No.559 of 2015 corresponding to trial no.622 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T