IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.28129 of 2010
BINOD YADAV SON OF SRI DUKHA YADAV
Versus
STATE OF BIHAR
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2. 20.8.2010 Heard learned Counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under Section 364/34 of the Indian Penal Code.
It has been submitted that the petitioner is named in
the first information report on the basis of the statement of the
informant that he had been seen with the co-accused, who had
allegedly kidnapped the brother of the informant.
In view of such, let the petitioner above named, who is
in custody since 26.6.2010, be released on bail on furnishing bail
bond of Rs.5,000/- (Five thousand) with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate,
Saharsa in Saaur Bazar P.S.case No.163 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, (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
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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 and (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. )
Narendra/