IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 33485 of 2011
Mogal Yadav, S/o Rasiklal Yadav.
Versus
The State of Bihar
with
Criminal Miscellaneous No. 34378 of 2011
Dablu Yadav, S/o Raghubir Yadav.
Versus
The State of Bihar
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02. 17.10.2011 Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for
the offences under Sections 302 and 201/34 of the Indian
Penal Code.
Considering that there is no direct material
against the petitioners, let the petitioners, above named
who have fair antecedents be released on bail on
furnishing bail bonds of Rs. 5,000/- (Five Thousand) each
with two sureties of the like amount each or any other
surety as fixed by the Court to the satisfaction of Chief
Judicial Magistrate, Bhagalpur in connection with
Sultanganj P.S. Case No. 208 of 2010 (G.R. No. 3180/10)
subject to the following conditions:- (i) That one of the
bailors will be a close relative of the petitioners who will
give an affidavit giving genealogy as to how he is related
with the petitioners. The bailor will also undertake to
inform the Court if there is any change in the address of
the petitioners. (ii) That the affidavit shall clearly state
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that the petitioners are not an accused in any other case
and if they are they shall not be released on bail. (iii) 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. (iv) 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 cancelled for
reasons of misuse. (v) 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.)
Vikash/-