High Court Patna High Court - Orders

Chhedi Yadav &Amp; Ors vs The State Of Bihar on 5 October, 2010

Patna High Court – Orders
Chhedi Yadav &Amp; Ors vs The State Of Bihar on 5 October, 2010
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.16156 of 2010

1.   Chhedi Yadav, son of Rashik Lal Yadav.
2.   Rama Yadav, son of Chhedi Yadav.
3.   Saukin Yadav @ Sukin Yadav, son of Chhedi Yadav.
4.   Laxman Yadav, son of Chhedi Yadav.
     All are resident of Village Tegrah, P.S. Bheja, District Madhubani.
                                                                                     -------- Petitioners
                                               Versus
The State of Bihar                                                                  ------- Opp. Party
                                              -----------

6 05.10.2010 Having heard learned counsel for the petitioners and

counsel for the State as also taking into account that this case was

waiting for receipt of the report of criminal antecedent as against

the petitioners and that there is a report showing that not only the

petitioner nos. 2 & 4 have criminal antecedent but, even petitioner

no.1, about whom in paragraph no.15 of the bail application, it was

categorically stated that he has got no criminal antecedent, is infact

accused in Bheja P.S. Case No. 244 of 2004, this Court is not

inclined to grant bail to the petitioner nos. 1, 2 & 4.

Accordingly, the prayer for bail of the petitioners,

namely, Chhedi Yadav, Rama Yadav and Laxman Yadav

respectively is rejected.

Since the petitioner no.3 has got no criminal

antecedent, this Court would direct for grant of bail to the

petitioner no.3, namely, Saukin Yadav @ Sukin Yadav on

furnishing bail bond of Rs. 10,000/- (ten thousand) with two

sureties of the like amount each to the satisfaction of Additional

Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection

with Bheja P.S. Case No. 75 of 2009, subject to the following
2

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 no.3 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 no.3 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 the petitioner no.3 is allowed.

Rsh                                                    (Mihir Kumar Jha, J.)