Manoj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53348 of 2023 Arising Out of PS. Case No.-433 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== MANOJ RAM SON OF LATE KRISHAN RAM RESIDENT OF VILLAGERAMNAGAR, PS- AMAHARA (OP), DIST- LAKHISARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-08-2023 Heard the parties.

The petitioner is in custody in connection with Lakhisarai (Amahara) P.S. Case No. 433 of 2023 for the offence under sections 37 of the Bihar Prohibition and Excise (Amend.) Act, 2022 lodged on 13.06.2023 by the informant, Ram Narayan.

As per the prosecution story, upon knowledge that a person is creating nuisance in a temple went there found the petitioner in intoxicated condition and on breath analyzer, the same was found to be positive, the F.I.R.

Considering the fact that having caught in intoxicated condition, has remained in custody since 13.06.2023 (as stated in paragraph 13 of the petition), this Court is inclined to extend him the privilege of bail with conditions.

Patna High Court CR. MISC. No.53348 of 2023(2) dt.22-08-2023 2/3 Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional District and Sessions Judge-IV-cum-Special Excise Court-1, Lakhisarai, in connection with Lakhisarai (Amahara) P.S. Case No. 433 of 2023 subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty

Patna High Court CR. MISC. No.53348 of 2023(2) dt.22-08-2023 3/3 to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) kiran/- U T