Patna High CourtCR. MISC./81336/2019bail granted

Pradeep Kumar v. The State Of Bihar

2019-12-11Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81336 of 2019 Arising Out of PS. Case No.-215 Year-2019 Thana- MANSI District- Khagaria ====================================================== PRADEEP KUMAR Son of Ramanand Singh @ Ramanand Sah Resident of Chakhussaini Block Road, P.S.- Mansi, P.O. Mansi, Distt - Khagaria, Permanent at Khutia Ward No. 2, P.S.- Mansi, Distt - Khagaria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No.1 For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 12.09.2019 in connection with Mansi P.S. Case No. 215 of 2019 for the offence registered under Sections 274, 275, 276, 419, 420, 467 and 468 of the Indian Penal Code and Section 27(b) 9ii), 27(D), 28 and 28A of the Drug and Cosmetic Act.

Learned counsel for the petitioner submits that the inspecting team of Drug Inspector came up on the shop of the petitioner and without affording him any reasonable opportunity has conducted the raid making false and frivolous allegation against him though no case is made out under the provisions of the Drug and Cosmetic Act. It is further submitted that only

Patna High Court CR. MISC. No.81336 of 2019(2) dt.11-12-2019 2/2 because one compounder was seen to have been giving an injection to a patient, it has been presumed that the drugs in question were purportedly adulterated and on such assumption, the petitioner has been taken into custody. It is further submitted that in any view of the matter, the petitioner has already been in custody for almost three months and he may be extended the privilege of bail.

Considering the entire gamut of circumstances and that the petitioner has no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional District Judge, Khagaria in connection with Mansi P.S. Case No. 215 of 2019 corresponding to G.R. No. 2719 of 2019.

(Anjana Mishra, J) Jagdish/- U T