IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.11269 of 2010
ABHAY YADAV, SON OF LATE KAPLESHWAR YADAV
Versus
STATE OF BIHAR
with
Cr.Misc. No.12487 of 2010
UDAY YADAV, SON OF LATE KAPLESHWAR YADAV
Versus
THE STATE OF BIHAR
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3. 22.06.2010 Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for the
offence under Sections 147, 148, 149, 302, 201, 120B of the
Indian Penal Code and Section 27 of the Arms Act.
The prosecution case is that the deceased Suresh
Yadav, Vishal and Hare Ram Paswan were pulled down from
the tractor by 21 named accused persons and thereafter, the
three were shot dead by the accused persons specifically
named in the First Information Report.
The submission of the petitioners is that they are not
named in the First Information Report and subsequently even
though they are named by witnesses with allegation against
them of having fired at the deceased but the post mortem
examination report reveals only single fire arm injuries on the
deceased Hare Ram and Vishal.
In view of such, let the petitioners above named, 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
2
satisfaction of Chief Judicial Magistrate, Saharsa, in Salkhua
P.S. Case No. 131 of 2009 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 and the other shall be the
mother/brother of the petitioners. The bailor will undertake to
furnish information to the Court about any change in 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. (iii)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.
(iv)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.)
S.Ali