IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.15942 of 2011
Babloo Yadav, son of Nageshwar Yadav
Versus
The State Of Bihar
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3. 26.7.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks anticipatory bail in a case
instituted for the offence under Sections 302/34 of the Indian
Penal Code.
It is submitted that there is no eye witness to the
occurrence and the only allegation against the petitioner apart
from vague suspicion based on speculated motive, there is no
further material against him.
In view of such, let the petitioner in the event of
surrender, named above, within four weeks from the date of
receipt of this order, in connection with Dharhara P.S. Case No.
93 of 2010, shall be released on anticipatory 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,
Munger, subject to conditions as laid down under Section
438(2) Cr. P.C., and (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 affidavit
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shall clearly state that the petitioner is not an accused in any
other case and, if he is, he shall not be released on bail. (iii)
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. (iv)
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. (v)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.
( Anjana Prakash, J.)
S.Ali