IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.20251 of 2011 RAM SAHAY MAHTO, S/O LATE GUDDU MAHTO, R/O VILLAGE-HEMAJAPUR, P.S. MOHANPUR, DISTRICT-GAYA. -Petitioner Versus THE STATE OF BIHAR - Opposite Party 2 14.07.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is solitary named accused from whose shop 80 kgs of Mahua flour kept in two bags was recovered during police raid on 13.08.2010 but prosecution was initiated before the court conerned on 08.10.2010 without any explanation of such delay. Considering the facts and circumstances, the petitioner, in the event of arrest or surrender within four weeks of communication of the order, is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.K. Singh, Judicial Magistrate, first class, Sherghati, Gaya in Sherghati Excise Case no. 47 of 2010, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that 2 the petitioner shall remain present before the court below on each and every date for two years or till disposal of the case, whichever is earlier. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be cancelled. AAhmad/ ( Akhilesh Chandra, J.)