IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.26682 of 2010
1. KAUSHAL YADAV, S/o Anil Yadav @ Shambhu Yadav.
2. Dilip Yadav, S/o Dharmi Yadav.
Versus
THE STATE OF BIHAR
-----------
02. 10.08.2010 Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for
the offences under Sections 341, 348, 323, 324 and
307/34 of the Indian Penal Code and Section 27 of the
Arms Act.
Considering that there is no specific overt act
alleged against the petitioner and the specific overt act is
alleged against co-accused Anil Yadav, let the petitioners,
above named be released on 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, Saharsa in connection with Bakhtiyarpur P.S.
Case No. 293 of 2009 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 also
undertake to inform the Court if there is any change in
the address of the petitioners. (ii) 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
2
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. (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.
In view of the antecedents of the petitioners, the
petitioners are directed to appear before the Supdt. of
Police, Saharsa within fifteen days of their release with a
copy of this order and thereafter every two weeks for the
next nine months. The conduct of the petitioners will be
kept under watch in this period by the S.P. concerned and
if it is found wanting in any respect, a report shall be
made to the court concerned by him to initiate a
proceeding for cancellation of bail for reasons of misuse of
bail. After reporting to the Superintendent of Police, a
certificate will be filed by the petitioners before the court
concerned.
(Anjana Prakash, J.)
Vikash/-