IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 29054 of 2011
1. Harihar Yadav S/o Narayan Yadav, R/o Vill. Tinanwa,
P.S. Fatehpur, Distt. Gaya.
Versus
1. The State of Bihar
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02. 08.09.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Sections 341, 323 and 307/34 of the
Indian Penal Code and 25(1)(b)/26 of the Arms Act.
Considering that there is counter-version of the
occurrence and there is no mention about the brother of
the informant having sustained firing resorted to by the
petitioner who has fair antecedents, let the petitioner,
above named be released on bail on furnishing bail bond
of Rs. 5,000/- (Five Thousand) with two sureties of the
like amount each or any other surety as fixed by the Court
to the satisfaction of Chief Judicial Magistrate, Gaya in
connection with Fatehpur P.S. Case No. 153 of 2011
subject to the following 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. The bailor will also undertake to
inform the Court if there is any change in the address of
the petitioner. (ii) That the affidavit shall clearly state that
the petitioner is not an accused in any other case and if
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he is he shall not be released on bail. (iii) 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 bail on the ground of
misuse. (iv) 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. (v)
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.
(Anjana Prakash, J.)
Vikash/-