Court granted bail to petitioner accused of offences under IPC and Drugs and Cosmetic Act, considering lack of criminal antecedent and non-prohibited nature of alleged drug (Cifran CT).
Petitioner released on bail on furnishing bond of Rs. 25,000/- with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54650 of 2019
Arising Out of PS. Case No.-366 Year-2019 Thana- PIRBAHOR District- Patna
======================================================
Ranjit Barnwal @ Ranjit Kumar Barnwal @ Ranjit Kumar Son of Ashok Prasad Barnwal @ Ashok Kumar Barnwal Resident of Jagat Narain Road, P.S.- Kadamkuan, Distt - Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bhaskar Shankar For the Opposite Party/s : Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 30-08-2019
Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
The petitioner is in custody in connection with Pirbahor P.S. Case No. 366 of 2019 for the offences under Sections 420, 274, 275, 276, 467, 468, 120B of the Indian Penal Code and Section 27(b), 28(A), 28(B), 30(C) of Drugs and Cosmetic Act.
Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody since 7.07.2019. He further submits that allegation against this petitioner is that he has supplied Cifran CT. He further submits that the aforesaid drug is not prohibited one.
Considering the fact that petitioner has no criminal
Patna High Court CR. MISC. No.54650 of 2019(2) dt.30-08-2019 2/2
antecedent, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Court of learned Chief Judicial Magistrate, Patna in connection with Pirbahor P.S. Case No. 366 of 2019.
(Anil Kumar Upadhyay, J)
mdrashid/-
U T
2 issues framed by the court
Whether bail ought to be granted to the petitioner in custody without criminal antecedent.
Whether the alleged supply of Cifran CT constitutes an offence requiring continued custody.
2 provisions across 2 enactments
Ranjit Barnwal @ Ranjit Kumar Barnwal
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
