IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.25552 of 2010
SATYENDRA YADAV, son of late Sukhdeo
Versus
STATE OF BIHAR
with
Cr.Misc. No.20930 of 2010
RAJESH KUMAR @ CHITKABRA, son of Late Ramdeo Das
Versus
THE STATE OF BIHAR
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4/ 25.10.2010 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offence 302/34 of the Indian Penal Code and 27 of
the Arms Act.
It has been submitted that the petitioners are not
named in the First Information Report and subsequently
some witnesses stated that the deceased had been called
away by the petitioners thereafter he was shot dead. The
petitioner Satyendra Yadav name has transpired in the
confessional statement of the co-accused that he was the
person who shot dead the deceased.
Considering that there is no direct material
against the petitioners and also that the petitioners have
no criminal antecedent, let the petitioners above named,
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be released on bail on furnishing bail bond of Rs.5,000/-
(Five thousand) each with two sureties of the like
amount each or any other surety to be fixed by the court
concerned to the satisfaction of Chief Judicial
Magistrate, Gaya in connection with Chandauti P. S.
Case No.149 of 2009, subject to the conditions, (i) That
one of the bailor will be a close relative of the petitioners
who will give an affidavit giving genealogy as to how he
is related with the petitioners and the other bailor shall be
the brother/wife/son of the petitioners. The bailor will
undertake to furnish information to the Court about any
change in address of the petitioners. (ii) 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 ground
of misuse, (iii) 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
the trial in any manner, their bail will be liable to be
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cancelled for reasons of misuse, and (iv) That the
petitioners will be well represented on each date if they
fail to do so on two consecutive dates, their bail will be
liable to be cancelled.
Ashwini/- ( Anjana Prakash, J. )