Anjani Kumar @ Anjanee Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87499 of 2019 Arising Out of PS. Case No.-73 Year-2010 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== Anjani Kumar @ Anjanee Kumar, aged about 42 years, Gender, Male, Son of Sarweshwar Mahto, Resident of Village - Kiranpur, P.S. - Medani Chouki, Distt - Lakhisarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The State of Bihar through Shashi Bhushan Kumar Sinha, Inspector of Drugs, Lakhisarai (Bihar), Sadar Hospital Campus, Lakhisarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Pd. Keshri, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Cr. Complaint (O) 178C-2 of 2019 arising out Complaint Case No. 73C-2 of 2010 registered for the offences punishable under Sections 27(b)11 and 27(d) of the Drugs and Cosmetic Act, 1940.

Prosecution case, in short, is that a raid was made on 08.03.2010 in the unlicensed shop of Anajani Kumar along with police force in the presence of two independent witnesses. For this raid, an order was issued by the State Drug Controller, Bihar, Patna vide Memo No.192(15) dated 01.02.2010, with a

Patna High Court CR. MISC. No.87499 of 2019(3) dt.20-02-2020 2/2 complain letter of villagers of Kiranpur. During raid, drugs were found stored in the unlicensed shop of AnajaniKumar. The stored drugs were seized in Form-16. For test and analysis, a sample was taken in Form-17.

Learned counsel for the petitioner submits that in the same offence, F.I.R. was lodged against the petitioner in which petitioner has granted anticipatory bail vide Annexure-2 of the present bail application.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge-1st -cum-Special Judge, Drugs and Cosmetic Act, Lakhisarai in connection with Cr. Complaint (O) 178C-2 of 2019 arising out Complaint Case No. 73C-2 of 2010, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T