High Court Patna High Court - Orders

Sunil Kumar Yadav & Ors. vs The State Of Bihar on 29 September, 2011

Patna High Court – Orders
Sunil Kumar Yadav & Ors. vs The State Of Bihar on 29 September, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr. Misc. No.32499 of 2011
                   1. Sunil Kumar Yadav son of Shri Ramdeo Yadav,
                   2. Mahanti Yadav son of Shri Anant Lal Yadav
                      Both resident of village- Imamganj, Police Station-Raghopur, District-
                      Supaul &
                   3. Upendra Yadav son of Shri Radhe Yadav, resident of village-Dumariya,
                      P.S. Triveniganj, District- Supal                       ...Petitioners

                                           Versus
                      The State Of Bihar                                                ...OP

                                            With

                                Cr. Misc. No. 32625 of 2011
                   1. Sanjay Yadav son of Ramji Yadav, &
                   2. Bhawanand Yadav son of Nagaru Yadav
                       Both resident of village- Imamganj, P.S. Raghopur, District-Supaul
                                                                                  ...Petitioners
                                            Versus
                  The State Of Bihar                                                   ...OP

                                            With

                              Cr. Misc. No. 33089 of 2011
           Ramchandra Yadav son of Shri Narayan Yadav, resident of village-Imamganj,
           Police Station-Raghopur, District- Supaul                     ...Petitioner
                                         Versus
            The State Of Bihar                                                ...OP
                                        -----------

2/ 29.09.2011 Heard learned counsel for the petitioners, informant and

the State.

The petitioners seek bail in a case instituted for the

offence under sections 147, 148, 149, 323, 307, 380, 504 and 302 of

the Indian Penal Code.

Considering that forty four persons are named in the

First Information Report and there is no specific overt act alleged

against the petitioners and the petitioners have fair antecedent, let

the petitioners, above named, be released on bail on furnishing bail

bond of Rs.5,000/- (five thousand) each with two sureties of the like
2

amount each or any other surety to be fixed by the court below to

the satisfaction of the Sub-Divisional Judicial Magistrate, Birpur,

Supaul, in connection with Raghopur P.S. Case No.54 of 2011,

subject to the conditions (i) that one of the bailors will be a close

relative of the petitioners, who will give an affidavit giving

genealogy as to how he is related with the petitioners. The bailors

will undertake to furnish information to the court about any change

in the address of the petitioners, (ii) that the affidavit shall clearly

state that the petitioners are not accused in any other case and, if

they are, they shall not be released on bail, (iii) that the bailor shall

also state on affidavit that he will inform the court concerned if the

petitioners are implicated in any other case of similar nature after

their 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 petitioners will give an undertaking

that they will receive the police papers on the given date and be

present on date fixed for charge and if they fail to do so on two

given dates and delay the trial in any manner, their bail will be

liable to be cancelled for reasons of misuse, and (v) that the

petitioners will be well represented on each date and if they fail to

do so on two consecutive dates, their bail will be liable to be

cancelled.

JA/-                                            (Anjana Prakash,J.)