IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.29003 of 2010
BIRENDRA YADAV son of Jirakhan Yadav, Resident of
Village Chandos Police Station Sigori District Patna.
Versus
STATE OF BIHAR .
with
Cr.Misc. No.29002 of 2010
RAJENDRA YADAV son of late Suba Yadav, Resident of
Village Chandos Police Station Sigori District Patna.
Versus
STATE OF BIHAR .
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3 5.10.2010 Having heard counsel for the petitioner in both the
cases and taking into account that there is direct allegation of
causing fire arm injury on petitioner Birendra Yadav (petitioner in
Cr. Misc. No.29003 of 2010) which stands substantiated in course
of investigation from the statement of the injured persons as also
the persons accompanying with them, this Court is not inclined to
grant bail to the petitioner Birendra Yadav.
As with regard to petitioner Rajendra Yadav
(petitioner in Cr. Misc. No.29002 of 2010) is concerned, this Court
would find that there is omnibus allegation of causing assault on
two injured persons by Lathi and that too such allegation is also
against co-accused Ranjit Yadav and Vijay Yadav.
In that view of the matter, as the case of Rajendra
Yadav is distinguishable and is also said to have been in custody
since 17.5.2010, this Court would direct the petitioner Rajendra
Yadav (petitioner in Cr. Misc. No.29002 of 2010) to be released
on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with
two sureties of the like amount each to the satisfaction of A.C.J.M.
2
Danapur, Patna in Sigori P.S. Case No.65 of 2009 after completing
six months of his judicial custody on the following three
conditions:-
(i)The two bail bonds will be furnished, one by the
Government servant and the other by a close family relative.
(ii)The petitioner will remain present in course of trial
on each and every day and his absence even for a single day would
automatically entail the consequences of cancellation of his bail.
(iii)The petitioner in case is now made accused in any
other criminal case that would itself lead to cancellation of his bail.
Subject to the aforementioned conditions, the prayer
for bail of petitioner Rajendra Yadav is allowed.
Prayer for bail of petitioner Birendra Yadav
(petitioner in Cr. Misc. No.29003 of 2010) however, is rejected for
the present.
Abhay Kumar ( Mihir Kumar Jha, J.)