Allowed

Ojir @ Ojir Ray @ Bajir @ Bajir Ray v. The State of Bihar

Patna HC16 Aug 2023CR. MISC./22871/2023

Case brief

AI extract

What is this about?

Bail application under the Bihar Prohibition and Excise Act following recovery of 170 litres of country-made liquor. The court granted bail, noting no criminal antecedents, subject to conditions including family surety, trial attendance, fortnightly police reporting, and no witness tampering.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 10,000 with two like sureties to Special Judge, Excise, Patna City, with conditions.

Ojir @ Ojir Ray @ Bajir @ Bajir Ray Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22871 of 2023

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Arising Out of PS. Case No.-332 Year-2022 Thana- DIDARGANJ District- Patna

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======================================================

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OJIR @ OJIR RAY @ BAJIR @ BAJIR RAY Son of Shyamnath Ray Resident of Village - Hanumanchak, Bagicha, P.S.- Didarganj, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Jay Ram Prasad, Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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3 16-08-2023 Heard the parties.

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The petitioner is in custody in connection with Didarganj P.S. Case No. 332 of 2022 for the offence under sections 30(a)/36/37 of Bihar Prohibition and Excise Act lodged on 27.11.2022 by the informant, Manoj Kumar.

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As per the prosecution story, the Police caught three persons in an inebriated state and upon inquiry, named this petitioner from whom they have purchased. Thereafter, the place was raided and 170 liters of country-made liquor was recovered which followed the F.I.R.

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Learned counsel for the petitioner submits that the recovery is from an open place, he do not have criminal antecedent and is in custody since 05.02.2023 (as stated in

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Patna High Court CR. MISC. No.22871 of 2023(3) dt.16-08-2023 2/3

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paragraph 12 of the petition).

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Learned APP opposes the prayer for bail stating that

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they claimed to have purchased from this petitioner.

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Considering the aforesaid submissions put forward by the learned counsel for the petitioner as also that he do not have criminal antecedent, this Court is inclined to extend him the privilege of bail with conditions.

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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 Special Judge, Excise, Patna City, in connection with Didarganj P.S. Case No. 332 of 2022 subject to the following conditions:

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(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

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(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;

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

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Patna High Court CR. MISC. No.22871 of 2023(3) dt.16-08-2023 3/3

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(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;

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(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

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With the aforesaid observations, the bail application is

allowed.

(Rajiv Roy, J)

kiran/-

U T

Ojir @ Ojir Ray @ Bajir @ Bajir Ray v. The State of Bihar

Case brief

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Ojir @ Ojir Ray @ Bajir @ Bajir Ray v. The State of Bihar

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