High Court Patna High Court - Orders

Abhay Yadav vs State Of Bihar on 22 June, 2010

Patna High Court – Orders
Abhay Yadav vs State Of Bihar on 22 June, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.11269 of 2010
                    ABHAY YADAV, SON OF LATE KAPLESHWAR YADAV
                                           Versus
                                    STATE OF BIHAR
                                             with
                              Cr.Misc. No.12487 of 2010
                    UDAY YADAV, SON OF LATE KAPLESHWAR YADAV
                                           Versus
                                 THE STATE OF BIHAR
                                         -----------

3. 22.06.2010 Heard learned counsel for the petitioners and the

State.

The petitioners seek bail in a case instituted for the

offence under Sections 147, 148, 149, 302, 201, 120B of the

Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that the deceased Suresh

Yadav, Vishal and Hare Ram Paswan were pulled down from

the tractor by 21 named accused persons and thereafter, the

three were shot dead by the accused persons specifically

named in the First Information Report.

The submission of the petitioners is that they are not

named in the First Information Report and subsequently even

though they are named by witnesses with allegation against

them of having fired at the deceased but the post mortem

examination report reveals only single fire arm injuries on the

deceased Hare Ram and Vishal.

In view of such, let the petitioners above named, be

released on bail on furnishing bail bond of Rs. 5,000/- (Five

thousand) each with two sureties of the like amount each to the
2

satisfaction of Chief Judicial Magistrate, Saharsa, in Salkhua

P.S. Case No. 131 of 2009 subject to the following conditions:

(i)That one of the bailors will be a close relative of the

petitioners who will give an affidavit giving genealogy as to how

he is related with the petitioners and the other shall be the

mother/brother of the petitioners. The bailor will undertake to

furnish information to the Court about any change in address of

the petitioners. (ii)That the bailor shall also state on affidavit that

he will inform the court concerned if the petitioners are

implicated in any other case of similar nature after their 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. (iii)That the petitioners will give an

undertaking that they will receive the police papers on the given

date and be present on date fixed for charge and if they fail to

do so on two given dates and delays the trial in any manner,

their bail will be liable to be cancelled for reasons of misuse.

(iv)That the petitioners will be well represented on each date

and if they fail to do so on two consecutive dates, their bail will

be liable to be cancelled.

( Anjana Prakash, J.)
S.Ali