Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20265 of 2012 ====================================================== Ram Ishlok Roy @ Ram Slok Roy S/O Sri Hari Roy Resident Of Village- Laheriya Tola, P.S.- Athmalgola, Distt.- Patna .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 31-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. Petitioner seeks bail in Athmalgola P. S. Case No. 21 of 2012 registered for offence punishable under Sections 27 (b) (ii) and 28 A of the Drugs and Cosmetic Act and [STATUTE] . Learned counsel for the petitioner submits that strictly speaking the present F.I.R. is not maintainable in the eyes of law since offences which have been alleged in the F.I.R. could not have been made part of the proceeding initiated by the police since the Drug Inspector filed the F.I.R. directly before the police and not before a court of competent jurisdiction which is the requirement of law. Coming to the merits of the case learned counsel submits that the only allegation is that petitioner’s Patna High Court Cr.Misc. No.20265 of 2012 (2) dt.31-05-2012 2 / 2 2 licence was not renewed and inspite of the same he was dealing in drugs. It is submitted that there is no allegation that the drugs were either spurious or expired. Learned counsel submits that it is also the admitted position that the petitioner had licence to deal in drugs till 2007 but inadvertently and for various reasons the same was not renewed which resulted in the present situation. In view of the aforesaid, it is submitted that the petitioner being in custody since 14.3.2012 and having clean antecedent has been sufficiently punished and deserves the privilege of bail. Learned A.P.P. for the State on the other hand opposes the prayer for bail and submits that the petitioner was illegally dealing in drugs. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand ) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Barh, in connection with Athmalgola P.S. Case No. 21 of 2012. sudip/- (Ahsanuddin Amanullah, 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.