IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.25369 of 2011
Ranju Sah @ Ranju Sao son of Rajgir Sah
Versus
The State Of Bihar
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2/ 23.08.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks anticipatory bail in a case instituted
for the offence under sections 47-A of the Excise Act.
Considering that the petitioner is named in the First
Information Report on the basis of the confessional statement of the
co-accused, who was arrested with illicit liquor and there is no other
case of similar nature pending against him, it is ordered that in the
event of surrender of the petitioner, named above, within four weeks
from the date of receipt of a copy of this order in connection with
Amas P.S. Case No.23 of 2011, he shall be released on anticipatory
bail on furnishing bail bond of Rs.5,000/-(five thousand) with two
sureties of the like amount each to the satisfaction of the Sub-
Divisional Judicial Magistrate, Sherghat at Gaya, subject to
conditions as laid down under section 438 (2) Cr. P.C., and (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 bailors will undertake to furnish information to the
court about any change in the address of the petitioner, (ii) That the
affidavit shall clearly state that the petitioner is not an accused in
any other case and, if he is, he shall not be released on bail and
further the petitioner shall undertake to be represented on the first
date after cognizance if the investigation in the case is still pending
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and in case he fails to do so, his bail bond will be liable to be
cancelled (iii) That the bailors 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, (iv) That the
petitioner will give an undertaking that he will receive the police
papers on the given date and be present on date fixed for charge and
if he fails to do so on two given dates and delays the trial in any
manner, his bail will be liable to be cancelled for reasons of misuse
and (v) That the petitioner will be well represented on each date and
if he fails to do so on two consecutive dates, his bail will be liable to
be cancelled.
JA/- (Anjana Prakash,J.)
