IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellanious No.20251 of 2011
RAM SAHAY MAHTO, S/O LATE GUDDU MAHTO,
R/O VILLAGE-HEMAJAPUR, P.S. MOHANPUR,
DISTRICT-GAYA.
-Petitioner
Versus
THE STATE OF BIHAR - Opposite Party
2 14.07.2011
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
Petitioner is solitary named accused from whose
shop 80 kgs of Mahua flour kept in two bags was recovered
during police raid on 13.08.2010 but prosecution was initiated
before the court conerned on 08.10.2010 without any
explanation of such delay.
Considering the facts and circumstances, the
petitioner, in the event of arrest or surrender within four
weeks of communication of the order, is directed to be
enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of Sri S.K. Singh, Judicial Magistrate, first class,
Sherghati, Gaya in Sherghati Excise Case no. 47 of 2010,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure with additional condition that
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the petitioner shall remain present before the court below on
each and every date for two years or till disposal of the case,
whichever is earlier. If the petitioner fails to remain present
on two consecutive dates without any reasonable explanation
the privilege granted shall be deemed to be cancelled.
AAhmad/ ( Akhilesh Chandra, J.)