Sanjay Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47080 of 2014 Arising Out of PS.Case No. -283 Year- 2013 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ====================================================== Sanjay Manjhi son of Ram Jatan Manjhi resident of village - Rasalpura, P.S. Sitamarhi, District - Nawada .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 30-04-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner is facing prosecution for the offence punishable under Section-47(A) of the Excise Act and that this happens to be his first involvement in any criminal case including the offence under Excise Act, this Court would direct that if the petitioner, namely, Sanjay Manjhi, surrenders within a period of four weeks from today, he would 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 Judicial Magistrate, 1st Class, Nawada in connection with G.O. Case No. 283 of 2013, subject to the conditions laid down under

Patna High Court Cr.Misc. No.47080 of 2014 (2) dt.30-04-2015 Section- 438 (2) Cr. P.C and also subject to the following conditions:- (i) That both the bailors will be close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the bailor shall also state on affidavit that they will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given

Patna High Court Cr.Misc. No.47080 of 2014 (2) dt.30-04-2015 dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone. (Mihir Kumar Jha, J) Ranjan/- U