IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9467 of 2008 ASHOK KUMAR, son of Late Ganga Ram Purvey, Resident of Village-Narayanpur, P.S.-Sakatpur, District-Darbhanga. ………..Petitioner. Versus THE STATE OF BIHAR. ………..Opp. Party. ----------- 4/ 07.09.2009 Petitioner is the licensee and wholesale stockist of the medicine. He is apprehending arrest in connection with G.O. Case No. 34/01 which has been instituted for commission of offence under Sections 65, 17, 18 & 65 (5), (5) (3) And (1) of Drugs and Cosmetics Act. As per the allegation, from the business premises of the petitioner, government supply drugs, physician’s samples and expiry medicines were recovered and being sold. Counsel for the petitioner submits that on account of seizure and recovery of such medicines, no offence has been committed. Specific provision is there under Drugs and Cosmetics Acts and Rules that a whole- seller can stock the physician sample and medicines for government supply, for its’ distribution and for destruction purposes. Expiry medicines are returned by Retailers for its return to company or for destroying it. Considering these facts, prayer for anticipatory bail on behalf of the petitioner namely, Ashok Kumar is allowed, in the event of his arrest or surrender before the - 2 - court below within a period of four weeks from today and on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga in connection with G.O. Case No. 34/01 subject to the conditions laid down under Section 438(2) Cr. P.C. Sanjeet/ (Mridula Mishra, J.)