The Patna High Court granted bail to six petitioners accused under various sections of the IPC and acts related to drugs, cosmetics, and quackery, subject to conditions regarding antecedents and appearance at future dates.
Petitioners released on bail on furnishing a bond of Rs. 5,000/- each with two sureties of the like amount with specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.909 of 2013
======================================================
Versus
The State of Bihar
.... .... Opposite Party/s
====================================================== with Criminal Miscellaneous No.1146 of 2013 ====================================================== Ashok Kumar, son of late Ayodhya Prasad, resident of village Katrisaria, P.S. Giriak (Katrisaria), Distt. Nalanda.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.909 of 2013) For the Petitioner/s : Mr. Arun Kumar, Adv. For the State : Mr. Gajendra Pd. Yadav, A.P.P. (In Cr.Misc. No.1146 of 2013) For the Petitioner/s : Mr. Awadhesh Kr. Mishra, Adv. Mr. Anand Kr. Mishra, Adv. For the State : Mr. M. Dayal, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
State.
The Petitioners seek bail in a case instituted for the offence under Sections 274, 275, 276, 417, 418, 419, 420, 467,
Patna High Court Cr.Misc. No.909 of 2013 (2) dt.15-01-2013
2/3
468, 470, 471, 328, 120(B) Indian Penal Code, Sections 18(a), 18(c), 18(A), 18(B), 27(c), 27(b)(ii), 28, 28(A), 33 EEC, 33(I) of Drugs and Cosmetic Act 1940 and Sections 3, 4, 5, 7,9A of Magic Remedies Act, 1954.
Considering the nature of allegations and the fact that the Petitioners have no criminal antecedents, let the Petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda, Bihar Sharif, in connection with Giriyak P.S. Case No. 158 of 2012 subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv)
Patna High Court Cr.Misc. No.909 of 2013 (2) dt.15-01-2013
3/3
That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
(Anjana Prakash, J.)
S.Ali
2 issues framed by the court
Whether the petitioners can be released on bail in a case involving offences under the IPC and Medical Practs Acts.
Whether the condition of no criminal antecedents warrants granting bail on furnishing a bond of Rupees 5,000/- each with two sureties.
3 provisions across 3 enactments
Manoj Kumar and others
The State of Bihar
ANJANA PRAKASH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
