Patna High Court
Mithilesh Kumar RoyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Mithilesh Kumar Roy, a manager of Puja Sewa Sadan, was implicated after a drug inspection on 29‑08‑2024 uncovered medicines and 396 antigen kits marked 'not for sale' and lacking a valid licence. A complaint was filed under several provisions of the Drugs & Cosmetics Act, and the petitioner sought bail fearing arrest. He contended that he was not the proprietor, nor responsible for storing or manufacturing the alleged substandard medicines, which were purportedly used for pathology tests. The State opposed the bail application. The Court, after considering the facts, ordered that the petitioner be released on bail upon surrender within eight weeks, conditioned on a bail bond of Rs.10,000 with two sureties and compliance with Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is liable under the Drugs & Cosmetics Act for possession of unlicensed medicines and antigen kits.
- Whether bail should be granted to the petitioner pending trial.
Legislation cited
Subjects
- bail
- Drugs & Cosmetics Act
- unlicensed medicines
- antigen kits
- licensing
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82222 of 2025
Arising Out of PS. Case No.-2 Year-2024 Thana- GOVERNMENT OFFICIAL COMP.
District- Samastipur
======================================================
Mithilesh Kumar Roy S/o Late Ramchandra Roy Resident of Village -
Saidpur, P.S - Chakmehsi, District - Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vinita, Drug Inspector, Samastipur - 2 (Bihar)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Anand
For the Opposite Party/s : Mr.Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 22-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a complaint
case punishable for the offence under Sections 18(c), 18(A),
18(a)(vi), 65(18) and Section 27(b)(ii), 28, 27(d) of the Drugs &
Cosmetic Act.
3. On 29.08.2024 at 12.35 PM, an inspection was held
in petitioner’s centre namely Puja Sewa Sadan and during
inspection, some medicines, including Antigen kits having
mentioned ‘not for sale’, were recovered and on being asked,
petitioner did not produce any valid licence for keeping those
medicines and as such, aforesaid complaint was lodged.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.82222 of 2025(3) dt.22-01-2026
2/2
petitioner is not proprietor of the aforesaid centre, rather is
posted as Manager and was in no way responsible for keeping
those substandard medicines nor he is manufacturer of those
medicines and as such, no case under the Drug & Cosmetics Act
is made out against petitioner. The alleged recovered 396 kits
were being used for pathology test.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, 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
A.D.J. I cum Special Judge, Drugs and Cosmetics Act,
Samastipur in connection with Complaint Case No. 2 of 2024,
subject to condition as laid down under Section 482 of the
Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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