This court allowed an anticipatory bail petition filed by a petitioner apprehending arrest in a drug case. The petitioner alleged he was merely a servant when the shop was raided. The court granted bail upon furnishing a bond.
Petitioner released on bail upon surrender within six weeks, furnishing a bond of Rs 10,000 with two sureties of the like amount.
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.1377 of 2020
Arising Out of PS. Case No.-397 Year-2019 Thana- DUMRA District- Sitamarhi
======================================================
Anil Kumar Son of Sri Gagendra Singh Resident of Village - Hari Chapra, P.S.- Dumra, District- Sitamarhi
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Virendra Kumar For the Opposite Party/s : Mr.Vinod Shanker Modi ======================================================
CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
2 27-02-2020
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner apprehends his arrest in connection with Dumra P.S. Case No. 397 of 2019 registered for the offences punishable under Section 420 of the Indian Penal Code and Sections 27(b)(ii) & 28 of Drugs and Cosmetics Act, 1940 and Amendment Rules, 2008.
One medical shop was raided by the drug inspector and other officials. The aforesaid medical shop was in the house of Gulichand Baitha, who at the time of raid disclosed that aforesaid shop belongs to petitioner. The drug inspector lodged the prosecution by filing written report before the concerned police station levelling accusation against the petitioner that he
Patna High Court CR. MISC. No.1377 of 2020(2) dt.27-02-2020 2/2
was running medical shop without having any valid license.
Submission on behalf of the petitioner is that shop in question was of son of aforesaid Gulichand Baitha and so far as petitioner is concerned, he was servant of son of Gulichand Baitha.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge cum Special Judge (Drugs and Cosmetics Act), Sitamarhi in Dumra P.S. Case No. 397 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J)
shahzad/-
U T
1 issue framed by the court
Whether the petitioner, who apprehends arrest for alleged offences under the Indian Penal Code and the Drugs and Cosmetics Act, is entitled to anticipatory bail.
3 provisions across 3 enactments
Anil Kumar
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
