IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.28692 of 2011
1. Bharat Yadav son of Som Nath Yadav
2. Bihari Yadav son of Sri Ghamandi Yadav
Versus
The State Of Bihar
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2. 21.9.2011 Heard learned counsel for the petitioners and the
State.
The petitioners are apprehending their arrest in a
case registered under Sections 273 and 328 of the Indian
Penal Code.
It has been submitted that the First Information
Report has been instituted on suspicion that it was the liquor
purchased from the shop of the petitioner, that had caused the
illness of the informant’s husband and now the matter has
been compromised.
Considering the same, let the petitioners above
named be released on anticipatory bail in the event of arrest
or surrender before the learned court below within a period of
12 weeks from today in connection with Bhagwanganj P.S.
case No.65 of 2010 on furnishing bail bonds of Rs.10,000/-
(Ten thousand) with two sureties of the like amount each to
the satisfaction of S.D.J.M., Masaurhi, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure as also conditions (i) That one of the
bailor will be a close relative of the petitioners who will give an
affidavit giving genealogy as to how he is related with the
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petitioners. The bailor will undertake to furnish information to
the Court about any change in address of the petitioners. (ii)
That the affidavit shall clearly state 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 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 if they fail to do so on two
consecutive dates, their bail will be liable to be cancelled.
Narendra/ ( Anjana Prakash, J. )