Application for anticipatory bail under Sections 188, 274 of EPC and Drugs and Cosmetics Act dismissed as recovery of prohibited drugs was from the petitioner's joint house.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65760 of 2019
Arising Out of PS. Case No.-60 Year-2019 Thana- PUNAURA District- Sitamarhi
======================================================
Anischal Kumar @ Anischal Singh, Son of Late Ashnarayan Singh, Resident of Village- Punaura East Ward No. 4, P.S.- Punaura, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Mukeshwar Dayal, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 21-10-2019
This is an application for grant of anticipatory bail in connection with Punaura P.S. Case No. 60 of 2019, disclosing offences under Sections 188, 274 of E.P.C. and Section 27 (b) (ii)/28 of Drugs and Cosmetics Act, 1940.
As per F.I.R. there is recovery of 09 tablets of Hacket, 50 tablets of Taqzowin and 27 tablets of Nitrovet from the house of the petitioner. They are scheduled drugs and they are prohibited from the State. He has also license of those drugs.
Submission of the learned counsel for the petitioner is that the house is a joint house and he has falsely been implicated in this case.
Heard learned A.P.P. also who has opposed the prayer for bail stating that recovery is from the house of the petitioner.
Having heard both sides, in view of the facts and
Patna High Court CR. MISC. No.65760 of 2019(2) dt.21-10-2019 2/2
circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner may move before the learned court below for regular bail which will be considered on its own merit, without being prejudiced by order of this Court, and if possible, be disposed of on the same day.
With the aforesaid, this application is dismissed.
(Vinod Kumar Sinha, J)
Sunil Shukla/-
U T
Anischal Kumar @ Anischal Singh
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
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