Yadu Baski @ Jaddu Baski v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31622 of 2017 Arising Out of PS.Case No. -89 Year- 2017 Thana -FALKAHA District- KATIHAR ====================================================== Yadu Baski @ Jaddu Baski, son of Late Chatur Baski, Resident of village - Santhali Tola, Chhohar, P.S. Falka, District Katihar .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 04.04.2017 in connection with Falka (Pothia) P.S. Case No. 89 of 2017 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the police personnel, is that while the police went to execute nonbailable warrant of arrest issued by the learned Court below against the petitioner for misuse of bail in another
Patna High Court Cr.Misc. No.31622 of 2017 (2) dt.12-07-2017 2/3 case, the house of the petitioner was raided and 20 litres of country made wine was recovered. Accordingly, a seizure-list was prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent, the illegal liquor has not been recovered from his conscious possession and it was implanted in the house by his enemies. He submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-IIcum- Special Judge, Katihar in connection with Falka (Pothia) P.S. Case No. 89 of 2017, subject to the condition that petitioner will appear before the learned Court below as and when required and failure to appear before the learned Court below on three consecutive dates
Patna High Court Cr.Misc. No.31622 of 2017 (2) dt.12-07-2017 3/3 without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J.) Arjun/- U T