IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.13071 of 2010
NAND BIHARI YADAV SON OF YOGESHWAR YADAV
Versus
STATE OF BIHAR
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3. 29.6.2010 Supplementary affidavit filed today be kept on the
record.
Heard learned Counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under Sections 147, 148, 149, 302, 504/34 of the Indian
Penal Code and 27 of the Arms Act.
In the first information report the allegation against the
petitioner is that he caught hold the deceased, whereas co-
accused Chandeshwar Yadav fired at him.
Considering the same and also the fact that the
petitioner is in custody since 2.12.2009 and his wife undertakes
responsibility of the petitioner’s conduct after his release from jail
custody, 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 to the satisfaction of Chief Judicial
Magistrate, Bhojpur at Arrah in Imadpur P.S.case No.21 of 2006,
subject to the conditions (i) That one of the bailors shall be the wife
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 the address of the
petitioner, (ii) that the bailor shall also state on affidavit that he will
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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 the ground of misuse, (iii) 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 and (iv) that the petitioner will be well represented on each
date and if he fails to do so on two consecutive dates, his bail will
be liable to be cancelled.
In view of nature of allegations against the petitioner,
the petitioner is directed to appear before the Superintendent of
Police, Bhojpur at Arrah within fifteen days of his release with a
copy of this order and thereafter every two weeks for the next nine
months. The conduct of the petitioner will be kept under watch in
this period by the S.P. concerned and if it is found wanting in any
manner a report shall be made to the court concerned by him to
initiate a proceeding for cancellation of bail for reasons of misuse
of bail. After reporting to the Superintendent of Police, a certificate
will be filed by the petitioner before the court concerned.
( Anjana Prakash, J. )
Narendra/