Kaushal Kishore @ Kaushal Kishor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17500 of 2023 Arising Out of PS. Case No.-295 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== Kaushal Kishore @ Kaushal Kishor Son Of Ram Ayodhya Prasad Resident Of Village - Mauje Raxaul, P.S.- Raxaul, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

Mr. Ujjwal Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-08-2023 Heard Mr. Abhishek Kumar, learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act.

3. The prosecution case is that on 22.06.2022, during the course of patrolling duty, the informant received a confidential information that in the house of one Jitendra Kumar intoxicant medicines have been kept. Thereafter, police reached there and in presence of witnesses, total 3750 bottles of intoxicant syrup was recovered from the house of one Jitendra Kumar. On query, the owner of the shop, disclosed that he has given the said shop to the petitioner on rent and he also produced rent agreement between them.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.17500 of 2023(5) dt.16-08-2023 2/2 the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner has no concern with the alleged recovered cough syrup and room. He submits that there was no rent agreement between the petitioner and the coaccused Jitendra Kumar. He further submits that petitioner has one criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and also the facts that in the case diary no kirayanama/agreement has been enclosed, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with N.D.P.S. Case No. 51 of 2022 arising out of Raxaul P.S. Case No. 295 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

devendra/- (Anjani Kumar Sharan, J) U T