Manoj Jha @ Balaji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18812 of 2020 Arising Out of PS. Case No.-107 Year-2020 Thana- BANKA District- Banka ====================================================== Manoj Jha @ Balaji, Son of Late Bijay Shankar Jha Resident of MohallaBijay Bhawan, Ward No. 16, P.S. and District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-05-2020 Heard Mr. Sanjay Kumar Jha, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned counsel appearing for the State, through video conferencing.

The petitioner seeks regular bail in connection with Banka P.S. Case No. 107 of 2020 (Special Excise Case No. 63 of 2020), registered for the offence punishable under Section 37(c) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that the petitioner arrived at the shop of the informant under influence of liquor and started to abuse and demanded chicken from him. When the informant, who is chicken shop owner, refused to oblige, the petitioner abused the informant.

Mr. Jha, learned counsel for the petitioner submits that petitioner is innocent and is a young boy aged about 34 years and is educated unemployed. Learned counsel further submits that he is in

Patna High Court CR. MISC. No.18812 of 2020(2) dt.14-05-2020 2/2 custody since 08.02.2020. Learned counsel also submits that two other cases are registered under Section 37(c) of the Excise Act which are pending against him and the petitioner is on bail in both the cases. Learned counsel for the petitioner undertakes that next time the petitioner will not commit offence of similar nature. Having heard learned counsel for the parties and taking into consideration the fact that the petitioner is young educated person and he in custody since 08.02.2020, I am inclined to grant regular bail to the petitioner, on the condition that he will not repeat the similar offence again.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five 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. 107 of 2020 (Special Excise Case No. 63 of 2020) with a condition that one of the bailor should be mother of the petitioner.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.

sanjeev/- (Anil Kumar Sinha, J) U T