Patna High CourtCR. MISC./77321/2019bail granted

Sukra Kisku v. The State Of Bihar

2019-11-28Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77321 of 2019 Arising Out of PS. Case No.-792 Year-2017 Thana- BANKA District- Banka ====================================================== SUKRA KISKU Son of Mangal Kisku Resident of Village - Chirchirya, P.S.- Banka, Distt - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 18.09.2019 in connection with Banka P.S.Case No. 792 of 2017 corresponding to G.R.No. 3895 of 2017 for the alleged offences under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of 15 litres of country-made liquor. It is submitted that such recovery has been made from the joint house of the petitioner. The petitioner has already suffered more than two months in custody since 18.09.2019. The petitioner claims clean antecedents.

4. Be that as it may, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten

Patna High Court CR. MISC. No.77321 of 2019(2) dt.28-11-2019 2/2 thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Banka in connection with Banka P.S.Case No. 792 of 2017(corresponding to G.R.No.3895 of 2017) on the following conditions-- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T