IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.27101 of 2011
Basudeo Yadav son of Ramautar Yadav
Versus
The State Of Bihar
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2. 23.8.2011 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in Khizar Sarai P.S. case
No.25 of 2001 instituted for the offence under Sections
25(1Ab), 26 and 35 of the Arms Act.
Considering that for misuse of privilege of bail for
about six years the petitioner has remained in custody for the
last four months and now he is ready to be physically present
on each date, 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 learned
Chief Judicial Magistrate, Gaya in connection with Khizer
Sarai P.S. Case No.25 of 2001, subject to the conditions (i)
That one of the bailor shall be Jitendra Kumar, son 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
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
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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 physically present on each date if he
fails to do so on two consecutive dates without reasonable
cause, his bail will be liable to be cancelled.
The Trial Court is directed to expedite the trial and
conclude it positively within a period of six months so that
there is no further complication in trial. For this reason the
Trial Court (Chief Judicial Magistrate, Gaya) is directed to
send a list of the witnesses fixing specific dates for
production of the witnesses along with a copy of this order to
the S.P., Gaya and the S.P., Gaya is directed to ensure
production of the witnesses on the date so fixed by the Trial
Court so that there is no further delay in trial.
Narendra/ ( Anjana Prakash, J. )