Raj Kishore Kumar @ Raj Kishore @ Raj Kishore Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82425 of 2019 Arising Out of PS. Case No.-616 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== RAJ KISHORE KUMAR @ RAJ KISHORE @ RAJ KISHORE PRASAD Son of Late Jai Narayan Prasad Resident of Village-Rajarampur, P.S-Saraiya, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Jha For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 274 of the Indian Penal Code and 18(c), 18(A), 27(B) (ii), 28 of D & C Act, 1940. Allegation is that the petitioner without having valid license of selling of medicines was carrying on the business of medical shop and was searched and seized by the authorities concerned.

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 petitioner. The petitioner has falsely been implicated in the present case. The

Patna High Court CR. MISC. No.82425 of 2019(2) dt.16-12-2019 2/2 petitioner is alleged to be the owner of the medical store. When the raid was made, the license of the shop was sent for renewal, which is evident from Annexure 3 to the present application. Said license was granted to the petitioner as back as in the year 2013 and since then he has been running the medical store. 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 A.C.J.M. 1st(W), Muzaffarpur in connection with Saraiya P.S. case No.616 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