IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.22300 of 2010
BANSHI YADAV, S/o Gholti Yadav.
Versus
THE STATE OF BIHAR
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03. 23.08.2010 Heard learned counsel for the petitioner and
the State.
The petitioner seeks bail in a case instituted
for the offences under Section 302/34 of the Indian
Penal Code and Section 27 of the Arms Act.
Considering that the petitioner is not named
in the First Information Report and subsequently he
was named in the confessional statement of the co-
accused, Munna Singh for which he is in custody
since 03.05.2010 and he has no criminal antecedent,
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 4th Additional Sessions Judge, Naugachhia in
connection with S.C. No. 28A of 2006 arising out of
Bihpur P.S. Case No. 104 of 2001 (Tr. No. 394 of
2010) 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
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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 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/-