High Court Patna High Court - Orders

Congress Yadav vs The State Of Bihar on 4 August, 2011

Patna High Court – Orders
Congress Yadav vs The State Of Bihar on 4 August, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr. Misc. No.25038 of 2011
                       Congress Yadav son of Bhubneshwar Yadav
                                        Versus
                                  The State Of Bihar
                                       -----------

2/ 04.08.2011 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the

offence under sections 25(1-B)A/26 of the Arms Act.

Considering that for recovery of a loaded country made

pistol and one cartridge the petitioner has remained in custody since

09.03.2011 and now the petitioner’s brother Ganga Prasad Yadav is

ready to stand surety for him, let the petitioner, above named, be

released on provisional bail on furnishing bail bond of Rs.5,000/-

(five thousand) with two sureties of the like amount each or any

other surety to be fixed by the court below to the satisfaction of the

Chief Judicial Magistrate, Munger, in connection with Jamalpur P.S.

Case No.28 of 2011, subject to the conditions (i) That one of the

bailors will be a close relative of the petitioner, who will give an

affidavit giving genealogy as to how he is related with the petitioner

and another bailor shall be Ganga Prasad Yadav, thebrother of the

petitioner. The bailors will undertake to furnish information to the

court about any change in the address of the petitioner, (ii) That the

bailors shall also state on affidavit that they 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

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
2

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.

Learned counsel for the petitioner submits that he has

been implicated repeatedly at the instance of the local police, who

is hostile to the petitioner, and seeks protection of a person well

reputed doing social service in the area. Under the circumstances,

the petitioner is directed to appear before the Secretary, Bihar

School of Yoga, Munger, within fifteen days of his release from jail

custody on provisional bail for a period of six months and file a

certificate about the same in the court within the stipulated time. In

case, the petitioner fails to file certificate about reporting to the

Secretary, Bihar School of Yoga, Munger, within two weeks of his

release from jail custody, notice shall be sent to him for

cancellation of bail. During the period of six months, the petitioner

is expected to engage himself in fruitful activities under the

guidance of the Secretary, Bihar School of Yoga, Munger, and at

the end of the six months, the petitioner will be required to file a

certificate of his conduct in the court below granted by the

Secretary, Bihar School of Yoga, Munger. If the certificate granted

to the petitioner is found satisfactory, the court below will confirm

the provisional bail granted to the petitioner or else will issue notice

for cancellation of bail.

JA/-                                            (Anjana Prakash,J.)