IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.43383 of 2010
KRISHNA YADAV @ KUSH YADAV SON OF YOGENDRA YADAV
Versus
THE STATE OF BIHAR
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2. 2.2.2011 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offence under Sections 341, 323, 384, 427, 504 of the
Indian Penal Code and 27 of the Arms Act.
The petitioner was refused bail by an order dated
7.5.2010 vide Cr.Misc.No.8683 of 2010 but has renewed his
prayer for bail on the ground that there is no progress in the
trial and the petitioner is in custody since 10.11.2009.
Considering the same, 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 to be fixed by the court concerned
to the satisfaction of Chief Judicial Magistrate, Saharsa in
Bakhtiarpur P.S. case No.279 of 2009, subject to the
conditions (i) That one of the bailor shall be Ashutosh Kumar
(brother-in-law of the petitioner) and the other bailor 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 undertake to furnish information to the Court
about any change in address of the petitioner, (ii) That the
bailor shall also state on affidavit that he will inform the court
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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 ground of misuse, (iii)
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, (iv) That the
petitioner will be well represented on each date if he fails to
do so on two consecutive dates, his bail will be liable to be
cancelled.
In view of the nature of the allegations, the
petitioner is directed to appear before the Superintendent of
Police, Saharsa within fifteen days of his release with a copy
of this order and every two weeks thereafter for the next six
months. The conduct of the petitioner will be kept under
watch in this period by the superintendent of Police
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 petitioner before the court
concerned.
Narendra/ ( Anjana Prakash,J.)