Kanhaiya Sah @ Chiga @ Chigu @ Kainucha Pd. @ Chigu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74502 of 2018 Arising Out of PS. Case No.-489 Year-2018 Thana- AMARPUR District- Banka ====================================================== KANHAIYA SAH @ CHIGA @ CHIGU @ KAINUCHA PD. @ CHIGU son of Late Jagdish Prasad Sah, Resident of Village- Amarpur, Police StationAmarpur, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Ambastha For the Opposite Party/s :

Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Amarpur P.S. Case No. 489 of 2018 registered for the offence punishable under Sections 37(b) of the Bihar Prohibition and Excise Act, 2016. Allegation against petitioner is of being caught in a drunken state.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from his possession. He is in custody since 16.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.74502 of 2018(3) dt.18-12-2018 2/2 amount each to the satisfaction of learned Additional Sessions Judge-2nd, Banka, in connection with Amarpur P.S. Case No. 489 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (4). If the petitioner is found involved in similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) ranjan/manojU T