Patna High CourtCR. MISC./15668/2019bail granted

Sakhi Chand Rishi @ Sakhi Chandra Rishi v. The State Of Bihar

2019-04-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15668 of 2019 Arising Out of PS. Case No.-107 Year-2003 Thana- KHAJANCHI HAT District- Purnia ====================================================== Sakhi Chand Rishi @ Sakhi Chandra Rishi Son of Late Ram Lagan Rishi Resident of Village- Belouri, P.S- Muffasil, Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 395 of the Indian Penal Code. The petitioner is in custody since 12.09.2018 after surrender. The bail bond of the petitioner was cancelled for misuse on 15.12.2005.

Submission is that for such a long period of misuse of bail, due to the fact that the petitioner is a labourer and had gone to earn his livelihood, petitioner has already sufficiently been punished.

Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like

Patna High Court CR. MISC. No.15668 of 2019(2) dt.29-04-2019 2/2 amount each to the satisfaction of the learned Court-below where the case is pending in connection with Supplementary K. Hat (Khajanchi) P.S. Case No.107 of 2003, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The learned Court-below is directed to ensure framing of the charge before release of the petitioner. (Birendra Kumar, J) Mkr./- U T