IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.13251 of 2010
BIPIN YADAV S/O LATE BHUMI YADAV
Versus
THE STATE OF BIHAR
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3. 24.6.2010 Heard learned Counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under Section 395 of the Indian Penal Code.
It has been submitted that the petitioner is not named
in the first information report and later on certain witnesses
disclosed that the petitioner would be involved since he was seen
in the vicinity of the place of occurrence. It has further been
submitted that there has been no recovery from his possession.
In view of such, let the petitioner above named, who is
in custody since 13.1.2010, be released on 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, Katihar
in Korha P.S.case No.133 of 2005, subject to the conditions (i)
That one of the bailors shall be the mother/brother of the petitioner
and the other 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. The bailor will undertake to furnish information to the
court about any change in the 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
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bail on the 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 and (iv) 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.
In view of nature of allegations against the petitioner,
the petitioner is directed to appear before the Superintendent of
Police, Katihar within fifteen days of his release with a copy of this
order and thereafter every two weeks for the next nine months. The
conduct of the petitioner will be kept under watch in this period by
the S.P. concerned and if it is found wanting in any manner a
report shall be made to the court concerned by him to initiate a
proceeding for cancellation of bail for reasons of misuse of bail.
After reporting to the Superintendent of Police, a certificate will be
filed by the petitioner before the court concerned.
( Anjana Prakash, J. )
Narendra/