Manoj Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1328 of 2022 Arising Out of PS. Case No.-148 Year-2021 Thana- CHACKMEHSI District- Samastipur ====================================================== MANOJ KUMAR RAY Son of Dhanush Dhari Prasad Rai, Resident of Village - Mali Nagar, Simari, P.S. - Chakmeshi, District - Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Shweta For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Chakmeshi P.S. Case No. 148 of 2021 registered for offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation, 8.64 litres of liquor was recovered from the house of the petitioner and he was arrested at the spot. The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and he is under custody since 15.10.2021.

Considering the clean antecedent as well as the period of incarceration, let the petitioner above-named be released on bail

Patna High Court CR. MISC. No.1328 of 2022(2) dt.01-06-2022 2/2 on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cumSpecial Judge, Excise Act, Samastipur in connection with Chakmeshi P.S. Case No. 148 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T