Laxman Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64413 of 2022 Arising Out of PS. Case No.-242 Year-2021 Thana- RAMNAGAR District- West Champaran ====================================================== Laxman Rai, aged about 60 years, Male, S/o Late Narayan Rai R/o VillageHardiya, P.S.- Ramnagar, Distt- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gauri Shankar Thakur For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-01-2023 This matter has been taken up today for consideration through video conferencing.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Trial No. 2666/2022 arising out of Ramnagar P.S. Case No. 242/2021 registered for the offence punishable under Section 307, 328 of the Indian Penal Code (for brevity 'IPC') and 33, 37(b) of Bihar Prohibition and Excise Act.

The informant has allegedly consumed liquor at the petitioner's place, whereafter, he has fallen ill, lost his eye sight, and thereafter, lodged the instant case.

Learned counsel for the petitioner submits that the informant has allegedly consumed liquor on 13.07.2021, the case has been lodged on 18.07.2021 on extraneous considerations. The First Information Report (for brevity 'F.I.R.') has not led to any recovery from the petitioner's possession. Petitioner's implication is based on extraneous considerations arising out of Ramnagar P.S. Case no. 236/2021, in which the petitioner was earlier implicated, and he is on

Patna High Court CR. MISC. No.64413 of 2022(2) dt.20-01-2023 2/2 bail. He is stated to be in custody since 31.07.2021 upon his remand in the instant case.

Learned APP for the State has opposed the prayer for bail. Having regard to the manner of recovery, submissions advanced by the parties, period of custody and the fact that investigation is complete, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Bagaha West Champaran, in connection with Tr. No. 2666/2022, arising out of Ramnagar P.S. Case No. 242/2021, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) rajkishore/- U T