Patna High Court

Sri Majharool HaqueversusThe State of Bihar

Decided: 21 January 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

The court held that the allegation of running a medicine shop without a valid drug licence could not be sustained, and therefore allowed the anticipatory bail application.

Summary

Majharool Haque, a medicine shop owner, was implicated in a complaint alleging violations of several provisions of the Drugs and Cosmetic Act, 1940 and Section 420 of the IPC for operating without a valid drug licence. The petitioner produced a licence valid from 2005 to 2010 and a receipt of payment made in 2015 for licence renewal, asserting that he was not operating illegally. He also highlighted his clean criminal record. The court examined the licence documents and the renewal payment, concluding that the allegation of running the shop without a valid licence could not be sustained. Consequently, the anticipatory bail application was allowed, subject to a bail bond of Rs. 10,000 and two sureties, under the conditions of CrPC Section 438(2) and Section 482 of the B.N.S.S.

Issues considered

Whether the petitioner was operating a medicine shop without a valid drug licence under the Drugs and Cosmetic Act, 1940
Whether the anticipatory bail application under CrPC Section 438(2) should be granted

Legislation cited

B.N.S.S. — s. 482
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 420

Subjects

drug licence
anticipatory bail
Drugs and Cosmetic Act
IPC 420
Criminal Procedure
license renewal
Samastipur

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64574 of 2025
                   Arising Out of PS. Case No.-42 Year-2016 Thana- GOVERNMENT OFFICIAL COMP.
                                                   District- Samastipur
                 ======================================================
                 Sri Majharool Haque S/o Shri Ijaharool Haque R/o Village- Rambhadrapur
                 Ratwara, P.S.- Kalyanpur, District- Samastipur

                                                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Ram Shankar Das, Advocate
                 For the Opposite Party/s :    Mr. Satyendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   21-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Complaint Case No. (G.O) No. 42 of 2016 for the offences

                   under section 18(c), 27(B)II, 18(a)(v), 27(D), 18(A), 28 of the

                   Drugs and Cosmetic Act, 1940 and Section 420 of the Indian

                   Penal Code.

                                3. As per the prosecution case, the allegation against

                   the petitioner is that he was running his medicine shop without

                   valid drug license.

                                4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and he has falsely been

                   implicated in this case. In course of hearing learned counsel for
             Patna High Court CR. MISC. No.64574 of 2025(4) dt.21-01-2026
                                                         2/2


                       the petitioner relied upon Annexure-P2 which is drug license

                       dated 08.04.2005 which was valid till 07.04.2010 and he has

                       also produced a photocopy of the challan dated 05.05.2015 by

                       which Rs. 4,000/- was deposited with the department in proper

                       form for renewal of the drug license.

                                    5. He further submits that the petitioner has no

                       criminal antecedent.

                                    6. Considering the aforesaid facts, this court finds that

                       the allegation against the petitioner of running medicine shop

                       without valid drug license cannot be sustained, so, this

                       anticipatory application is allowed.

                                    7. Let the petitioner, above named, in the event of

                       his/her arrest or surrender before the concerned Court below

                       within four weeks from today, be released on bail on furnishing

                       bail bond of Rs. 10,000/- ( Ten Thousand) with two sureties of

                       the like amount each to the satisfaction of the learned C.J.M.,

                       Samastipur in connection with Complaint Case No. (G.O) No.

                       42 of 2016 subject to the conditions laid down in Section 438(2)

                       of the Code of Criminal Procedure, 1973 / Section 482 of the

                       B.N.S.S.



                                                  (Sandeep Kumar, J)
atul/-

U        T

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