IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1148 of 2011 PANKAJ KUMAR SON OF SRI RAMESH KUMAR BARNAWAL, RESIDENT OF VIKASH GENERAL STORE, KALI ASTHAN, BICH BAZAR HISUA DISTRICT- NAWADA. ----------------PETITIONER Versus THE STATE OF BIHAR --------------OPPOSITE PARTY ----------- 2 09.02.2011 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 420, 468, 379 of the Indian Penal Code and Sections 27(A), 27(C), 27(D), 28(a) and 28(B) of the Drugs and Cosmetic Act. It is submitted on behalf of the learned counsel for the petitioner that police is not empowered to make seizure and institute a case under the Drugs and Cosmetics Act, as has been done in the present case. It is further submitted that the petitioner is sleeping partner of the firm and medicines have not been found to be adulterated rather substandard. Without expressing any opinion on merits of the case on the ground of making seizure and institution of a case by an unauthorized agency, let the petitioner be released on bail in the event of arrest or surrender before the learned court below 2 within a period of twelve weeks from today in Connection with Pirbahore P.S. Case No. 136 of 2010 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna under the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/ (Dinesh Kumar Singh, J.)