Ram Kishun Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69991 of 2024 Arising Out of PS. Case No.-503 Year-2024 Thana- AGAMKUAN District- Patna ====================================================== Ram Kishun Saw son of Late Vishwa Sao @ Late Vishu Sao VillageHanuman Nagar, Sanjay Nagar, Gandhi Nagar, Ps- Patrakar Nagar, DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Kumar Rajdeep, Adv.

Mr. Shyam Kumar Choudhary, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2024 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Agamkuan P.S. Case No. 503 of 2024 registered for the offences punishable under Sections 21 and 22 of N.D.P.S. Act.

3. As per prosecution case, when the informant along with raiding party reached at the place of occurrence, one person, who was shutting the shutter of the shop started fleeing away. On search, 13,320 bottles of codeine contained cough syrup and 15*8 capsules of Winspasmo Forte have been recovered from the said place. On enquiry, witness Vinod Kumar disclosed that the said house is of his father, namely, Kishun Saw and the said

Patna High Court CR. MISC. No.69991 of 2024(2) dt.21-10-2024 2/3 house (Godown) was rented to one Sonu Kumar.

4. It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. His name has been transpired in the present case merely because he is owner of the said house from where the alleged medicines have been recovered. The real fact is that the petitioner had rented the said godown to one Sonu Kumar for which an agreement was entered into between the petitioner and Sonu Kumar on 15.05.2024. The rent agreement is enclosed in the bail application at Annexure-P/2. It is further submitted that nothing has been recovered from the possession of the petitioner. Petitioner has no criminal antecedent as mentioned 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 as well as the rent agreement annexed at Annexure-2, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/-

Patna High Court CR. MISC. No.69991 of 2024(2) dt.21-10-2024 3/3 (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Agamkuan P.S. Case No.503 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T