Patna High Court

SANJAY KUMAR CHOUDHARYversusTHE STATE OF BIHAR

Decided: 5 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted bail to the petitioner, subject to a bond and sureties, under the conditions of section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Petitioner Sanjay Kumar Choudhary sought bail after a complaint was lodged under sections 27b(ii) and 28 of the Drugs and Cosmetics Act, 1940, alleging that a non‑licensed medical store was operating in a clinic he ran. The prosecution alleged that a drug inspector discovered the illegal store during an inspection on 17‑04‑2025. The petitioner contended that he was neither the proprietor nor involved in the alleged contravention, highlighted a 48‑day delay in filing the FIR, and pointed to his clean antecedent. The State opposed the bail application. Considering the delay, lack of material linking the petitioner to the offence, and his clean record, the Court ordered bail on a bond of Rs 10,000 with two sureties, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether bail should be granted in a case under sections 27b(ii) and 28 of the Drugs and Cosmetics Act, 1940
Whether the 48‑day delay in lodging the FIR defeats the prosecution’s case
Whether the petitioner’s alleged lack of proprietorship and clean antecedent warrant bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Drugs and Cosmetics Act, 1940 — s. 27b(ii), 28

Subjects

bail
Drugs and Cosmetics Act
delay in FIR
clean antecedent
non‑licensed medical store
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83054 of 2025
                    Arising Out of PS. Case No.-2 Year-2025 Thana- SAMASTIPUR COMPLAINT CASE
                                                    District- Samastipur
                 ======================================================
                 SANJAY KUMAR CHOUDHARY S/O Shiv Kant Sharma @ Shivkant
                 Choudhary Resident of ward no. 6, Anchal Shivajinagar, Kariyan, Karian,
                 P.S.- Rosera, District- Samastipur, Bihar-848117

                                                                             ... ... Petitioner/s
                                                    Versus
                 THE STATE OF BIHAR PATNA

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Nikhil Kumar Agrawal , Advocate
                                                Mr. Keshav Bhardwaj, Advocate
                 For the Opposite Party/s :     Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-01-2026                          Heard learned counsel for the petitioner and the

                   State .

                                 2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections           27 b (ii) and 28 of

                   the Drugs and Cosmetics Act, 1940.

                                 3 . The prosecution case, in brief, is that Drug

                   Inspector conducted an inspection at Sarvmangla Clinic,

                   Kariyan on 17.04.2025 where a non-licensed and unnamed

                   medical store was found operating in the premises of the

                   aforesaid clinic, which was being run by this petitioner.

                                 4. It is submitted on behalf of the petitioner that

                   petitioner is neither proprietor of the shop nor has he got any
            Patna High Court CR. MISC. No.83054 of 2025(2) dt.05-01-2026
                                                        2/2




                      concern with the aforesaid occurrence . Moreover, the present

                      complaint case has been lodged after inordinate delay of 48

                      days for which there is no plausible explanation which itself

                      creates doubt over the entire prosecution case. There is no

                      material on record to show the complicity of this petitioner in

                      the alleged occurrence. Petitioner claims clean antecedent.

                                   5 . Learned counsel for the State opposed the bail

                      petition .

                                    6 Considering the aforesaid facts, delay in lodging

                      the F.I.R. clean antecedent of the petitioner and other

                      circumstances of the case , in the event of arrest or surrender

                      within eight weeks from today, let the petitioner, as named

                      above, 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 the learned District and Additional

                      Sessions Judge – I Samastipur in connection with Samastipur

                      C . R. Case No. 02 of 2025 , subject to the conditions laid

                      down under section 482(2) of the              Bharatiya Nagarik Suraksha

                      Sanhita , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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