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Patna High Court - Orders

Sonu Kumar vs The State Of Bihar on 15 April, 2010

Author: Anjana Prakash

Bench: Anjana Prakash

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.11362 of 2010
                       SONU KUMAR, SON OF ASHOK JE @ ASHOK KUMAR
                                              Versus
                                    THE STATE OF BIHAR
                                            -----------

2.   15/04/2010

Heard learned Counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 27 (B) (II), 27 (D), 28 AND 28(a) of Drug and Cosmetic Act.

The petitioner was an employee of a medicine shop owner Umesh Kumar which indulged in selling physician samples.

The submission is that the petitioner is merely an employee and he is first offender.

In view of such, let the petitioner above named, who is in custody since 24.12.2009, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Patna, in Pirbahore P.S. Case No. 508 of 2009 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii)That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail. (iii)That the bailor shall also state on affidavit that he will inform the court -2- concerned if the petitioner is implicated in any other case of similar nature after his 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)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Anjana Prakash, J.) S.Ali