IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6367 of 2010 NIRAJ VIDYARTHI, son of Sri Kameshwar Singh Vidyarthi, resident of Mohalla- Birsa Adivasi Colony, P. S. Alamganj, P. O.- Gulzarbagh, District- Patna… Petitioner. Versus STATE OF BIHAR ----------- 2. 4.03.2010 Heard counsel for the petitioner and counsel for the State. The petitioner facing prosecution for offence under Sections 420, 467, 469, 471, 473 and 120 B of the Indian Penal code, Section 18/27 of Drugs and Cosmetic Act, Section 16 and 30 of Copyright Act and Section 27 of NDPS Act, has his cut of defence for the purposes of anticipatory bail that even if the prosecution story is accepted, no offence would be made out against him inasmuch as barring the statement of co-accused Krishna Prasad, there is nothing to connect him in the alleged offence of manufacturing/supplying of spurious drugs. Mr. Rana Pratap Singh, learned senior counsel for the petitioner in fact would insist on the aspect that if there was even an iota of truth in the said allegation, there could have been some recovery from the premises of the petitioner to connect him in 2 the alleged offence. He would also submit that the petitioner has got no criminal antecedent. Taking into the aforementioned submissions under consideration and specially the fact that till date there is nothing to connect the petitioner in the alleged offence barring the statement of co-accused, this Court would direct the petitioner namely Niraj Vidyarthi to surrender within a period of four weeks from today and in such event, he would be released on provisional bail for a period of two months on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Patna in connection with Kadamkuan P. S. Case No. 347 of 2009, subject to the conditions as laid down under Section 438(2) Cr.P.C. In the said period of two months, he will appear before the Investigating Officer and explain his business dealing whereafter if the Investigating Officer will find any material against him to connect in the present case the same will be brought on record by way of memo of evidence before the 3 court below. Needless to say that if in such memo of evidence of the Investigating Officer there is no other material against the petitioner to connect him in the alleged offence, his provisional bail shall be confirmed. With the aforesaid observations and directions this application is finally disposed of. kanchan (Mihir Kumar Jha, J.)