IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.24987 of 2010
1. BIHARI YADAV
2. ANIRUDH YADAV, BOTH SONS OF ADALAT YADAV
Versus
STATE OF BIHAR
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2. 20.7.2010 Heard learned Counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for the
offence under Sections 302, 307, 324, 120B of the Indian Penal
Code and 27 of the Arms Act.
The prosecution case is that the accused persons
surrounded the deceased and thereafter co-accused Adalat Yadav
is said to have fired at the deceased on the fore head and then the
petitioner Anirudh Yadav is said to have fired. However, the
postmortem examination report reveals only one injury on the fore
head which is specifically attributable to the co-accused Adalat
Yadav.
In view of such, let the petitioners above named, who
are in custody since 20.5.2009, 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 Additional Sessions
Judge IV, Begusarai in Sessions Trial No.251 of 2009 arising out of
Balia P.S.case No.222 of 2008, subject to the conditions (i) That
one of the bailors shall be the wife of the petitioners and the other
bailor will be a close relative of the petitioners who will give an
affidavit giving genealogy as to how he is related with the
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petitioners. The bailor will undertake to furnish information to the
court about any change in the 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 the ground of misuse and (iii) 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.
( Anjana Prakash, J. )
Narendra/