IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19971 of 2010
1. BUDHU YADAV @ Budhu Mahto.
2. Kewal Yadav @ Kewal Yadav @ Kewal Mahto.
Both are sons of Late Jalo Yadav @ Jalo Mahto.
3. Samar Yadav, S/o Sri Jagu Yadav.
Versus
THE STATE OF BIHAR
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02. 14.06.2010 Heard learned counsel for the petitioners and
the State.
The petitioners seek anticipatory bail in a
case instituted for the offences under Sections
436/34 of the Indian Penal Code.
It has been submitted that there is land
dispute between the parties for which a Title Suit is
pending between them. The submission is that there
is no eye-witness to the occurrence and the
petitioners have been implicated only on suspicion.
In view of such, in the event of surrender of
the petitioners, named above, within four weeks from
today in connection with Simultalla P.S. Case No. 09
of 2010, they shall be released on anticipatory bail on
furnishing bail bonds of Rs. 5,000/- (Five Thousand)
each with two sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate, Jamui
subject to conditions as laid down under Section
2
438(2) Cr.P.C. and (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. The bailor will also undertake to
inform the Court if there is any change in the address
of the petitioners. (ii) That the petitioners shall
undertake to be represented on the first date after
cognizance and in case they fail to do so, their bail
bond will be liable to be cancelled (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.)
Vikash/-