Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18265 of 2012 ====================================================== Ranvijay Kumar Arya S/O Late Hira Lal Arya R/O Kulharia Colony Ashok Rajpath, Police Station Pirbahore In The District - Patna .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.22161 of 2012 ====================================================== 1. Ran Vijay Kumar Arya 2. Rajesh Kumar Arya 3. Ranjeet Kumar Arya, all sons of Late Hira Lal Arya, R/O- Kulahariya Colony, Ashok Rajpath, P.S. Pirbahore, District Patna .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 3 06-06-2012 Heard learned counsel for the petitioners and the State. Petitioners in the two petitions are partners in a firm which is dealing with the drugs. They are apprehending their arrest in connection with Pirbahore P.S. Case No. 519 of 2009 dated 30.12.2009 registered for the offence under Sections 27(d)/ 28 and 28(A) of the Drugs and Cosmetics Act read with [STATUTE] and Section 7 of the Essential Commodities Act as also in Complaint Case No. 384 (C- 2) of 2010 registered for the offence under Sections 29(d), 28, Patna High Court Cr.Misc. No.18265 of 2012 (3) dt.06-06-2012 2 / 3 2 28(A) and 27(b)(ii) of the Drugs and Cosmetics Act, 1940. From order No. 14 dated 9.4.2012 passed by the learned Sessions Judge, Patna refusing bail to Ranvijay Kumar Arya, it appears that petitioner was dealing with drugs without any valid licence granted for conducting such business. It is submitted by the counsel for the petitioners in both the petitions that petitioners have a valid drug licence on the basis of which they are conducting their drug shop in Kulharia Complex, Muradpur, Patna. It is also submitted on behalf of the petitioners that appreciating the validity of the drug licence of the petitioners, petitioners Rajesh Kumar Arya and Ranjeet Kumar Arya were admitted to the privilege of bail in the police case and finding to the contrary recorded by the learned Sessions Judge, Patna in order No. 14 dated 9.4.2012 that Ranvijay Kumar Arya is conducting his drug shop without valid licence is error of record. It is further submitted on behalf of the petitioners that they are ready and willing to produce their drug licence before the court below. Let the petitioners above named appear in the court of SDJM, Patna in connection with Pirbahore P.S. Case No. 519 of 2009/ Complaint Case No. 384 (C-2) of 2010 within one week from today and produce their drug licence in the court below Patna High Court Cr.Misc. No.18265 of 2012 (3) dt.06-06-2012 3 / 3 3 validity whereof may be verified from the Licensing Authority as per the discretion of the court below. In the event, petitioners have valid drug licence to conduct the medicine business, they be released on bail. In case, court below decides to seek verification of the drug licence produced by the petitioners, it should grant the petitioners provisional bail for the period during which verification is made but the verification report must reach the court below within two weeks of the order seeking such report. Both the petitions are, accordingly, disposed of. Let this order be communicated to the court of SDJM, Patna in connection with Pirbahore P.S. Case No. 519 of 2009/ Complaint Case No. 384 (C-2) of 2010 through fax on payment of usual charges by the petitioners. Arjun/- (V.N. Sinha, J)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.