Anil Yadav vs State Of Bihar on 2 July, 2010

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.21774 of 2010
                          ANIL YADAV S/O LATE DHANESHWARI YADAV
                                              VERSUS
                                        STATE OF BIHAR
                                                 With
                                   Cr.Misc. No.21782 of 2010
                  1. VAKIL YADAV @ WAKIL YADAV S/O BINDESHWARI YADAV
                  2. SUSHIL YADAV S/O BINDESHWARI YADAV
                  3. SUNIL YADAV S/O DHANESHWAR YADAV
                                              VERSUS
                                        STATE OF BIHAR
                                             -----------

2. 02.07.2010 Heard learned counsel for the petitioner and

the State.

The petitioner seeks bail in a case instituted

for the offence under Sections 448, 147, 148, 149, 323,

324, 307 and 504 of the Indian Penal Code.

It has been submitted that as per the

prosecution case, it was one Bindeshwari Yadav who

assaulted the deceased on account of which he died and

one Lalan Yadav assaulted the informant and his

mother.

In view of such, let the petitioners, who are in

custody since 5.4.2010 and have no criminal

antecedents, be released on bail on furnishing bail bond

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

the like amount each to the satisfaction of the learned

Chief Judicial Magistrate, Araria, in connection with

Bhargama P.S. case no. 16/2010, subject to the

conditions, (i) That one of the bailors will be a close
2

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 an 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 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

misuses, (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 delays

and trial in any manner, their bail will be liable to be

cancelled for reasons of misuse.

Fahad.                                  ( Anjana Prakash, J. )