IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.51 of 2011 BIRENDRA PRASAD, SON OF RAM NARESH PRASAD, RESIDENT OF VILLAGE – FATEHPUR BY PASS ROAD, P.S. – SIWAN TOWN, DISTRICT – SIWAN. ....................... PETITIONER. Versus THE STATE OF BIHAR ....................... OPP. PARTY. ----------- 02/ 06.01.2010 Heard. This is a petition for anticipatory for offence under Section 18 (a) (c) of the Drugs and Cosmetic Act, 1940 and 65 (18) of the Drug Price Control Order, 1995. There is allegation against the petitioner is that the petitioner was found selling the medicines without having valid license. Learned counsel for the petitioner submits that the seizure as alleged have been made on 28.7.2010 whereas the shop alleged to have been raided on 16.7.2010, hence, seizure made after long delay of the raid and the seizure list also does not contain the signature of this petitioner. However, merely because there is delay itself not make the allegation false. However, having regard to the facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail is rejected. 2 However, if the petitioner surrenders and prays for regular bail then the same may be considered on its own merit without being prejudiced by this order preferably on the same day. kundan (Gopal Prasad, J.)