NANHAK MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The order under challenge, is the order dtd. 19/9/2024, passed by the High Court of Judicature at Patna, in Criminal Miscellaneous No. 65227 of 2024, which reads as hereunder; ......." Considering the above mentioned facts and circumstance, the petitioner, above-named, is directed to furnish bail bond after six months from today and on doing so, the Court below shall release the petitioner on bail on furnishing bail bonds of Rs.10,000.00 with two sureties of the like amount each to the satisfaction of learned 2rd Exclusive Special Excise Court, Saran at Chapra in connection with Sadar Excise P.A. Case No. 125 of 2024, subject to the following condition:-

(3.) This is one of the few orders we have come across in last few days passed by the High Court, in which, without deciding the matter on merits, the High Court has granted the bail to the present petitioner, subject to the condition that the petitioner-accused shall furnish the bail bonds after six months of the passing of the order. There are no reasons assigned as to why the implementation of the order granting bail was postponed for six months. In our opinion, no such condition could be imposed for grant of bail to a person/accused. If the Court is satisfied on merits, it should grant bail or otherwise, reject the same.