High Court Patna High Court - Orders

Harihar Yadav vs The State Of Bihar on 8 September, 2011

Patna High Court – Orders
Harihar Yadav vs The State Of Bihar on 8 September, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Criminal Miscellaneous No. 29054 of 2011
                   1. Harihar Yadav S/o Narayan Yadav, R/o Vill. Tinanwa,
                      P.S. Fatehpur, Distt. Gaya.
                                              Versus
                                      1. The State of Bihar
                                         -------------------

02. 08.09.2011 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for

the offences under Sections 341, 323 and 307/34 of the

Indian Penal Code and 25(1)(b)/26 of the Arms Act.

Considering that there is counter-version of the

occurrence and there is no mention about the brother of

the informant having sustained firing resorted to by the

petitioner who has fair antecedents, let the petitioner,

above named be released on bail on furnishing bail bond

of Rs. 5,000/- (Five Thousand) with two sureties of the

like amount each or any other surety as fixed by the Court

to the satisfaction of Chief Judicial Magistrate, Gaya in

connection with Fatehpur P.S. Case No. 153 of 2011

subject to the following conditions:- (i) That one of the

bailors will be a close relative of the petitioner who will

give an affidavit giving genealogy as to how he is related

with the petitioner. The bailor will also undertake to

inform the Court if there is any change in the address of

the petitioner. (ii) That the affidavit shall clearly state that

the petitioner is not an accused in any other case and if
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he is he shall not be released on bail. (iii) That the bailor

shall also state on affidavit that he will inform the court

concerned if the petitioner is implicated in any other case

of similar nature after his 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. (iv) That the petitioner will give an undertaking

that he will receive the police papers on the given date and

be present on date fixed for charge and if he fails to do so

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

bail will be liable to be cancelled for reasons of misuse. (v)

That the petitioner will be well represented on each date

and if he fails to do so on two consecutive dates, his bail

will be liable to be cancelled.

(Anjana Prakash, J.)
Vikash/-