Vikram Kumar Gupta v. The Union Of India, Narcotics And ANR

Patna High Court Cr.Misc. No.64058 of 2018 (2) dt.01-11-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64058 of 2018 ====================================================== Vikram Kumar Gupta, Son of Brij Kishore Sah, M/S Durga Drugs, resident of Village Mali Tola, Jamalpur, Ward No. 15, P.S.- Gogari, District- Khagaria.

.... .... Petitioner/s

Versus

1. The Union of India, Narcotics.

2. The State of Bihar.

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

For the Petitioner/s : Mr. Paras Nath, Adv. For the Opposite Party/s : Mr. Ram Sumiran Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Gogari P.S. Case No. 251/2018 (Special Case No. 05/18), registered for the offences punishable under Sections 274, 275, 276, 419, 420, 467, 468 and 120(B) of the Indian Penal Code, section 27(b)(ii), 27(d), 28(A) of the Drugs & Cosmetics Act and section 22(b) of the Narcotic Drugs & Psychotropic Substances Act.

Allegation is recovery of huge quantity of cough syrup from the shop of petitioner.

It has been submitted that petitioner has falsely been implicated in this case. He has got valid license issued by competent authority for running the shop. The validity of license

Patna High Court Cr.Misc. No.64058 of 2018 (2) dt.01-11-2018 is upto 30.05.2020.

Petitioner is in custody since 26.07.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of I/c District & Sessions Judgecum-Special Judge, N.D.P.S., Khagaria in connection with Gogari P.S. Case No. 251/2018 (Special Case No. 05/18), subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T