High Court Patna High Court - Orders

Pawan Yadav vs State Of Bihar on 30 September, 2010

Patna High Court – Orders
Pawan Yadav vs State Of Bihar on 30 September, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Cr.Misc. No.33168 of 2010
              PAWAN YADAV S/O CHANDRADEO YADAV
                                 Versus
                          STATE OF BIHAR
                                -----------

2. 30.09.2010 Heard learned Counsel for the petitioner and

the State.

The petitioner seeks bail in a case instituted for

the offence under Section 366 of the Indian Penal Code.

By an order dated 29.6.2010 vide Cr.Misc. No.

21945 of 2010 the petitioner was allowed bail on a

condition that the affidavit would be filed that he was not

an accused in any other case. But the petitioner could not

file such an affidavit, therefore, the petitioner has

remained in custody since 26.2.2010.

Considering the nature of offence, 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 or any other surety to be fixed by

the court concerned to the satisfaction of learned Chief

Judicial Magistrate, Khagaria in connection with Gogari

P.S. Case No. 0203/09, subject to the conditions, (i) That

one of the 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 and the other bailor shall be the
2

father/brother of the petitioner. The bailor will undertake to

furnish information to the Court about any change in

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 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, (iv) That the petitioner

will be well represented on each date if he fails to do so on

two consecutive dates, his bail will be liable to be

cancelled.

A sum of Rs. 500 shall be deposited on behalf

of the petitioner to the District Legal Aid Committee before

being released on bail.

Fahad.                              ( Anjana Prakash, J. )