Anjana Mishra, J.(Oral)Heard learned senior counsel for the petitioner and learned counsel appearing on behalf of the State.
2. The petitioner is apprehending his arrest in connection with Lakhisarai P.S. Case No.321 of 2016 registered for the offence punishable under Section 420 of the Indian Penal Code and 18(C), 27(b)(ii) of the Drug and Cosmetic Act, 1940.
3. Learned counsel for the petitioner submits that he had left the Drug business many years ago but the premises under which he had been running his business was subsequently let out to one Sri Pawan Kumar Modi since 01.09.2007, who after obtaining the Drug license started the business in Shop No.62 which is owned by the petitioner. Subsequently in the year 2012, the agreement for rent was executed between the petitioner and the said Pawan Kumar Modi for a further period of 5 years. However, the business was sealed by the Drug Inspector but when the petitioner gave an application for unsealing of the said premises, the Drug Inspector has lodged FIR against him saying that the seal in question had been tampered with.
4. After hearing the learned counsel for the petitioner and learned counsel appearing on behalf of the State, it appears that there was rent agreement between the petitioner and one Pawan Kumar Modi. There is only the presumption that the petitioner had tampered with the seal.
5. Under such facts and circumstances and considering that no case is made out against the petitioner under the Drug and Cosmetic Act, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged 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 Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 321 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.