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Patna High Court - Orders

Naresh Prasad vs The State Of Bihar on 27 February, 2018

Author: Arun Kumar

Bench: Arun Kumar

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.11234 of 2018
                       Arising Out of PS.Case No. -223 Year- 2014 Thana -PIRBAHOR District- PATNA
                 ======================================================
                 Naresh Prasad, S/o Late Bhola Sah, R/o Naya Tola Kajipur, Triloki
                 Market, P.S.- Kadamkuan, District- Patna.
                                                                      .... .... Petitioner/s
                                                  Versus
                 The State of Bihar.
                                                                 .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Binod Murari Mishra
                 For the Opposite Party/s : Mr. Jitendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
                 ORAL ORDER

2   27-02-2018

Heard learned counsels for the petitioner and the State.

The petitioner, already in custody, seeks bail in connection with Special Case No. 55 of 2014A arising out of Pirbahore P.S.Case No. 223 of 2014 registered under Sections 274, 275, 276, 284, 379, 406 413, 414, 419, 420, 464, 465, 471, 485, 486, 488 and 120 of the Indian penal Code, Section 27(a), 27(b)(iii), 27(c), 27(d), 28, 28(A), 30(a), 30(b), 30(c) and 36 of Drugs and Cosmetics Act, 2008 and Section 71(i), (ii) and 10A of the Essential Commodities Act, 1955 and Section 22(b), 23(b), 21(b) of the N.D.P.S. Act and Section 139, 142, 143 of the Income Tax Act and Section 56(1) and 56(4)(b) Bihar Sale Tax Act.

Allegation in brief is that large numbers of physician samples and expired drugs were seized from the Godown of concerned firms.

Patna High Court Cr.M isc. No.11234 of 2018 (2) dt.27-02-2018

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Submission is that seizure is made from four firms but the petitioner has no concern with it because licence holder is his son Dhiraj and he has been admitted to bail by the court below and this petitioner was granted anticipatory bail earlier but could not surrender because of financial crunch, so not able to deposit Rs. 5 lacs, however, investigation is complete and petitioner is in custody since 13.11.2017.

Having considered the aforesaid facts and circumstances, the petitioner, namely, Naresh Prasad, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned 1st Addl. District & Sessions Judge, Patna in connection with Special Case No. 55/14A arising out of Pirbahore P.S. Case No. 223 of 2014.

(Arun Kumar, J) Sujit/-

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