IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19927 of 2010
GAURI SHANKAR YADAV .
Versus
STATE OF BIHAR .
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2 15.06.2010 Heard learned counsel appearing on
behalf of the petitioner and learned counsel
appearing on behalf of the State.
The petitioner is in custody in
connection with Siswan (Chainpur O.P.) Police
Station Case No. 74/2009 for offences punishable
under Section 395 of the Indian Penal Code and
3/4 of Explosive Substance Act.
The petitioner along with 15 others have
been charged with committing the dacoity in the
house of the informant and having fled away with
valuables.
Learned counsel for the petitioner
submits that he has not been named in the F.I.R.
nor there has been any recovery from his personal
possession or from his house as regarding the
items of dacoity. Learned counsel submits that
he has also not been put on T.I. Parade. It is
further submitted that the name of the petitioner
has transpired by reason of the confessional
statement made by one Jabbar Nat who has been
granted bail by this Court in Cr.Misc. No. 3404
of 2010 passed on 17.2.2010 (Annexure-2).
2
Relying upon another order passed in the case of
Dharmu Yadav in Cr.Misc. No. 11208 of 2010 dated
13.4.2010, learned counsel submits that the case
of the petitioner is on same and similar
footing.
Having regard to the submissions
aforesaid, let the petitioner namely, Gauri
Shankar Yadav be released on bail on furnishing
bail bonds of Rs. 10,000/- with two sureties of
the like amount to the satisfaction of learned
Chief Judicial Magistrate, Siwan in connection
with Siswan (Chainpur O.P) P.S. Case No. 74/09)
subject to the following condition:-
(i) that one of the bailors 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 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,
3
(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, (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 the antecedents of the
petitioner, the petitioner is directed to appear
before the Superintendent of Police, Siwan,
within fifteen days of his release with a copy of
this order and every two weeks thereafter for the
next nine months. The conduct of the petitioner
will be kept under watch in this period by the
Superintendent of Police concerned and if it is
found wanting in any respect, 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.
Bibhash ( Jyoti Saran, J.)