IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.36795 of 2010
SHAMBHU YADAV son of Parmeshwar Yadav
Versus
STATE OF BIHAR
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2/ 12.10.2010 Heard learned counsel for the petitioner and the State.
It has been submitted that even though the petitioner was
refused bail by order dated 15.03.2010 vide Cr. Misc. No. 1303 of
2010 on merits as well as on the fact that the trial is at the fag end
but till date the trial has not concluded and the same is pending only
for examination of the investigating officer. Further submission is
that all the private witnesses have been examined who did not
support the case of the prosecution.
Considering the same, let the petitioner, above named,
who is in custody since 9.9.2009, 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 to be fixed by the court concerned
to the satisfaction of the Sessions Judge, Khagaria, in connection
with Sessions Trial No.34 of 2010, subject to the 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 and the other bailor shall be the father of the petitioner.
The bailors will undertake to furnish information to the court about
any change in the address of the petitioner, (ii) That the bailors shall
also state on affidavit that they 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
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liberty to initiate the proceeding for cancellation of bail on the
ground of misuse, (iii) 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.
JA/- (Anjana Prakash, J.)