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Synopsis

The Supreme Court recently observed that court cannot impose a condition like furnishing bail bonds six months after, if it is satisfied that the accused deserved relief in a criminal case.

A bench of Justices Bela M Trivedi and Satish Chandra Sharma expressed concern over such orders being passed by the High Court.

"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," the bench pointed out.

Dealing with special leave petitions filed by Nanhak Manjhi and Upendra Manjhi, the bench said if the court is satisfied on merits, it should grant bail or otherwise, reject the same.

The court set aside the Patna High Court's orders passed on September 19 and 11 virtually deferring the bail by six months and five months respectively in two cases.

"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," the bench said. 

The court set aside the High Court's orders without even issuing notice to the State Government.

It restored both the matters to the file of the High Court and directed that they would be decided afresh on merits and in accordance with law.

In case of Nanhak Majhi, the petitioner, a resident of Saran (Chapra) sought bail in the case registered with Sadar police station for the offences punishable under Section 30(a), 32(3) of Bihar Prohibition and Excise Amendment Act. 

As per allegation, 40 liters of country-made liquor was recovered from the motorcycle of the petitioner.

He claimed that he was innocent and had falsely been implicated in the case. Nothing had been recovered from his conscious possession and he was under custody since June 10, 2024.

The High Court's single judge bench of Justice Nawneet Kumar Pandey had directed him furnish bail bond after six months and on doing so, it had directed the court below to release him on bail on furnishing bail bonds of Rs 10,000 with two sureties of the like amount each to the satisfaction of 3rd Exclusive Special Excise Court, Saran at Chapra in connection with the case.

In case of Upendra Manjhi, he was arrested on June 21, 2024 in a case related to alleged recovery of 380.16 litres of illicit liquor from a pick-up van. He had two other criminal antecedent.

In his case, the High Court's same bench had directed him to furnish the bail bond after five months.

Case Title: Nanhak Manjhi Vs The State of Bihar and connected matter