IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.44291 of 2010
MUKHIYA YADAV SON OF RAJAN YADAV
Versus
THE STATE OF BIHAR
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2. 15.3.2011 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence u/ss.341, 323 and 302 of the Indian Penal Code.
It has been submitted that from the facts of the case
it is apparent that it is not a case u/s.302 I.P.C. and the death
had taken place six days after the occurrence as also that the
petitioner has fair antecedents.
Considering the same, let the petitioner above
named, who is in custody since 17.7.2010, 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 C.J.M.,
Jehanabad in Kako P.S. case No.108 of 2010, subject to the
conditions (i) That one of the bailor shall be the wife of the
petitioner and the other bailor 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 undertake to
furnish information to the Court about any change in address
of the petitioner. (ii) That the affidavit shall clearly state that
the petitioner is not an accused in any other case and if he is
he shall not be released on bail, (iii) That the bailor shall also
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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 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 if he
fails to do so on two consecutive dates, his bail will be liable to
be cancelled.
Narendra/ ( Anjana Prakash, J. )