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Patna High Court – Orders
Ranju Sah @ Ranju Sao vs The State Of Bihar on 23 August, 2011
                             Cr. Misc. No.25369 of 2011
                       Ranju Sah @ Ranju Sao son of Rajgir Sah
                                 The State Of Bihar

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

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.)

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