High Court Patna High Court - Orders

Hira Yadav & Anr. vs The State Of Bihar on 19 September, 2011

Patna High Court – Orders
Hira Yadav & Anr. vs The State Of Bihar on 19 September, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.30618 of 2011
              1. Hira Yadav, son of Singhasan Yadav
              2. Sukhal Yadav, son of Late Nathuni Yadav
                                             Versus
                                        The State Of Bihar
                                                   with
                                  Cr.Misc. No.31055 of 2011
              1. Rama Kant Yadav
              2. Gulab Yadav
              3. Bhukal Yadav
              All sons of Raghuni Yadav
                                                Versus
                                        The State Of Bihar
                                              -----------

2. 19.09.2011 Heard learned counsel for the petitioners, learned

counsel for the Informant and the State.

The petitioners seek bail in a case instituted for

the offence under Sections 147, 148, 149, 447, 504, 341, 323,

324, 307, 379, 448, 302 and 120(B) of the Indian Penal Code.

Considering that there is no specific overt act

alleged against the petitioners and they have fair antecedents,

let the petitioners above named, be released on bail on

furnishing bail bond of Rs. 5,000/- (Five thousand) each with

two sureties of the like amount each or any other surety to be

fixed by the court concerned to the satisfaction of Additional

Chief Judicial Magistrate, Bagaha, Distt. West Champaran, in

connection with Dhanha P.S. Case No. 36 of 2011 subject to

the following conditions: (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 undertake to furnish information to the court about
2

any change in the address of the petitioners. (ii) That the

affidavit shall clearly state that the petitioners are not accused in

any other case and, if they are, they shall not be released on

bail. (iii) That the bailor shall also state on affidavit that he will

inform the court concerned if the petitioners are implicated in

any other case of similar nature after their 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 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 delay the trial in any manner, their bail will be liable to be

cancelled for reasons of misuse. (v)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.)
S.Ali