Satyendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22974 of 2022 Arising Out of PS. Case No.-477 Year-2021 Thana- MANJHI District- Saran ====================================================== Satyendra Ram Son Of Late Narayan Ram R/O Village- Mainpura, P.S.- Revilganj, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-07-2022 Let the defects, if any, be removed within four weeks from today.
Heard Mr. Ajay Kumar Tiwary, learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing. Petitioner seeks bail in a case registered in connection with Manjhi P.S.Case No. 477 of 2021 for the offences punishable under Sections 30, 30(a), 47 and 37 (c) of the Bihar Prohibition & Excise Act 2018.
As per the prosecution case, it is alleged that the police in a patrolling duty intercepted a tempo and on search being made altogether 125 liters country made liquor was recovered. It is further alleged that petitioner was also
Patna High Court CR. MISC. No.22974 of 2022(2) dt.15-07-2022 2/3 apprehended by the police and he was found in intoxicated condition.
It is submitted by the learned counsel for the petitioner that on the alleged date of occurrence, the petitioner was apprehended on the spot in drunken condition and recovery of liquor has been made from the tempo. However, the said tempo does not belong to the petitioner. Nothing has been recovered from conscious possession of the petitioner and moreover, the tempo belongs to one Vijay Rai. It is next submitted that this petitioner is in custody since 26.12.2021, though the investigation of the crime is already completed. On the other hand, learned counsel for the State opposed the bail application of the petitioner. Having heard the rival contentions of the parties and taking into consideration the fact that nothing has been recovered from persons and possession of this petitioner and he is in custody since 26.12.2021, though the investigation of the crime is already completed and as such keeping the petitioner behind the bar would serve no purpose, let the petitioner, above named, be released on bail
Patna High Court CR. MISC. No.22974 of 2022(2) dt.15-07-2022 3/3 on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II cum Special Judge, Excise, Saran in connection with Manjhi P. S. Case No. 477 of 2021 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) N.K/- U T