Chahat Khan @ Sri Chahat Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86185 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== Chahat Khan @ Sri Chahat Khan S/o Matin Ashraf Khan @ Matin Ashraf Kha @ Shri Matin Ashraf Khan R/o vill and P.O-Bhargama, P.S-Bheja, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 18(c), 18(A)(vi) & 27(b)(ii), 27(b) of the Drugs and Cosmetics Act.

3. As per FIR, the allegation against the petitioner is that without a valid license he carrying a business of illegal medicine and from his medical shop some medicines have been recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. Neither he has any concern

Patna High Court CR. MISC. No.86185 of 2023(2) dt.11-01-2024 2/2 with recovered medicine nor the alleged medical shop belongs to him. Nothing incriminating article has been recovered from his conscious possession of the petitioner. Seizure list has not been prepared as per the provision of the Drugs and Cosmetics Act. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner has surrendered on 30.11.2023 and since then he is languishing in judicial custody.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I-cumSpecial Judge, Madhubani in connection with C.R. Case No. 11 of 2023.

(Sunil Kumar Panwar, J) lata/- U T