Patna High Court - Orders
Sunil Poddar vs The State Of Bihar on 23 August, 2018
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.479 of 2018
Arising Out of PS. Case No.-464 Year-2013 Thana- BARAUNI District- Begusarai
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Sunil Poddar, Son of Late Ram Baran Poddar, Resident of Village- Pahsara,
Police Station- Naokothi, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Drug Inspector (Ayu), Head Quarter, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Jai Shanker Prasad
For the Respondent/s : Mr. Sri Jai Narain Thakur
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
5 23-08-2018Dr. Amrendra Kumar, learned counsel for the petitioner is permitted to add the informant as opposite party no. 2 during the course of the day.
The petitioner has challenged the judgment and order dated 28.10.2016 passed by the learned Chief Judicial Magistrate, Begusarai in Trial No. 648 of 2016, arising out of Barauni (Refinery O.P.) P.S. Case No. 464 of 2013 dated 12.09.2013 corresponding to G.R. No. 3903 of 2013 convicting and sentencing the petitioner to undergo R.I. for 7 years and to pay a fine of Rs. 10,000/- each under each of the offences viz. Sections 420, 467, 468 and 472 of the Indian Penal Code and to further suffer R.I. for one year with a fine of Rs. 20,000/- each under Sections 33E/33I and 33EEC/33I of the Drugs and Cosmetics Act, 1940; the sentences Patna High Court CR. REV. No.479 of 2018(5) dt.23-08-2018 2/3 however having been directed to run concurrently; as well as the judgment dated 15.07.2017 passed by the learned District and Sessions Judge, Begusarai in Criminal Appeal No. 108 of 2016, whereby the judgment of the trial court has been affirmed and upheld.
This revision petition is admitted for hearing. Call for the trial court records of Trial No. 648 of 2016, arising out of Barauni (Refinery O.P.) P.S. Case No. 464 of 2013 dated 12.09.2013 corresponding to G.R. No. 3903 of 2013 from the court of the learned Chief Judicial Magistrate, Begusarai.
Notice to the opposite parties is accepted by Mr. Ram Priya Sharan Singh, learned APP. The response to the petition, if found necessary, could be filed on or before the next date.
The petitioner has surrendered on 31.01.2018. During pendency of this petition, the petitioner above named shall be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Trial No. 648 of 2016, arising out of Barauni (Refinery O.P.) P.S. Case No. 464 of 2013 dated 12.09.2013 corresponding to G.R. No. 3903 of 2013.
Patna High Court CR. REV. No.479 of 2018(5) dt.23-08-2018 3/3 The petitioner shall however participate in the final hearing of the revision petition.
List this case for final hearing on 22.11.2018.
(Ashutosh Kumar, J) krishna/-
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