Case Facts:
Patna High Court Cr.Misc. No.24943 of 2012 (2) dt.05-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24943 of 2012 ================================================== ==== 1. Pintu Kaliya S/O Late Krishna Resident Of Mohalla- Makhlautganj, P.S.- Kotwali, District- Gaya. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ================================================== ==== Appearance : For the Petitioner/s : Mr. Rashid Izhar For the State : Mr. Satyavrat Vivek, APP ================================================== ==== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 05-07-2012 Heard learned Counsel for the petitioner and the learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest having been implicated in Kotwali P.S. case No. 64 of 2012 which has been instituted for the alleged offences under [STATUTE] and 18(a) (vi), 27(b) (ii), 18(c) of the Drugs and Cosmetic Act, 1940. As per the prosecution case the Drug Inspector, Gaya conducted the raid on 20.2.2012 on the basis of secret information in a house located at Katra Gali, Tekari road, Patna High Court Cr.Misc. No.24943 of 2012 (2) dt.05-07-2012 Gaya and found medicines marked as “Physician samples not for sale”. It is alleged in the report that medicines were found in two rooms occupied by the petitioner. On the basis of the raid conducted a written report was filed by the Drug Inspector leading to institution of the said Kotwali P.S. case No. 64 of 2012. Learned counsel for the petitioner submits that the petitioner has absolutely no connection with the house where the raid was conducted. He has placed reliance on Annexures 2 and 3 in order to submit that the said house is occupied by one Bittu Kumar and petitioner’s name has been dragged unnecessarily. In any view of the matter, he submits that the offence alleged come within the purview of the Special Act i.e. Drugs and Cosmetics Act, 1940. The punishment for the offence alleged under the said Act is one year which may be extended up to three years. As it has been submitted that the investigation is pending and the petitioner will fully cooperate with the police in course of investigation, let the petitioner above- Patna High Court Cr.Misc. No.24943 of 2012 (2) dt.05-07-2012 named, in the event of his arrest/surrender within four weeks from today before the Court below, 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 learned Sessions Judge, Gaya in connection with Kotwali P.S. Case No. 64/2012 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Arun Kumar/- (Chakradhari Sharan Singh, J)

Applicable IPC Section: 419

Statute Text:
Section 419 of the Indian Penal Code. Cheating by personation. Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.