RAMDEV SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE following Petitioners were granted Bail by this Court considering the merits of the case on the conditions enumerated and reasoned order was to follow later. Petitioner Ramdev Sahani of Cr.Misc.No.48853 of 2012 was granted bail by order dated 17.12.2012 to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Korha P.S. case No.306 of 2012 on conditions A, B, C, D, E, whereas Petitioner Ramesh Kumar @ Chhotka Makhan of Cr.Misc.No.48779 of 2012 was granted bail to the satisfaction of A.C.J.M., Danapur in connection with Danapur P.S. case No.254 of 2012 on conditions A, C, D, E, G, Petitioner Rahul Kumar Yadav of Cr.Misc.No.48965 of 2012 was granted bail by order dated 18.12.2012 to the satisfaction of C.J.M., Saharsa in connection with Sonbarsa Raj P.S. case No.128 of 2012 on conditions A, C, D, E, I and Petitioner Sanjay Kumar of Cr.Misc.No.48795 of 2012 was granted bail to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S. case No.219 of 2011 on conditions A, H. Conditions are enumerated below:

(2.) WHILE this Court was hearing bail matters not only was it surprised that the litigant had to travel to the High Court for bail in matters such as above but was also anguished to note that the Courts below have routinely fallen into a habit of refusing bail and hence felt it essential to discuss the problem which has eaten into the innards of the judicial system. This Court also felt the necessity of explaining its reasons for imposing the various conditions and hence this exercise.

(3.) TO confine our focus specifically on the meaning of bail I would like to quote from a very illuminating judgment reported in AIR (38) 1951 Madras 1042 paragraph 3 which comments on its concept and that, it is, in no way, absolute freedom: