IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.43867 of 2010
SUBHIT YADAV @ SUJIT YADAV @ SUNIT YADAV SON OF
LATE TEJO YADAV
Versus
THE STATE OF BIHAR
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3. 25.3.2011 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence u/ss.414, 122, 121A of the Indian Penal Code as well
as Section 17 of the C.L.A. Act and Sections 25(1-B)A, 26, 35
of the Arms Act.
It has been submitted that for recovery of an alleged
stolen Mobile the petitioner has remained in custody since
7.7.2010 and has fair antecedents.
Considering the same, 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 to be fixed by the court
concerned to the satisfaction of C.J.M., Banka in Belhar P.S.
case No.107 of 2010, subject to the conditions (i) That one of
the bailor shall be Bishundeo Yadav, cousin brother 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
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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 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. )