IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.14440 of 2010
1. KULDIP YADAV son of Late Basudeo Yadav @ Munsi Yadav &
2. Gulchand Rajak, son of Late Lalla Rajak
Versus
THE STATE OF BIHAR
With
Cr. Misc. No. 14790 of 2010
SANJAY YADAV son of Ramdeb Yadav
Versus
STATE OF BIHAR
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4/ 24.06.2010 Heard learned counsel for the petitioners and the State.
The petitioners seek bail in a case instituted for the
offence under sections 457, 380 of the Indian Penal Code.
It has been submitted that from the narrative of the First
Information Report it appears that the informant is not an eye witness
and yet has named the present petitioners for no cogent reason. It has
further been submitted that there has been no recovery from their
possession and have fair antecedents.
In view of such, let the petitioners, above named, be
released on bail on furnishing bail bond of Rs.5,000/- (five thousand)
with two sureties of the like amount each to the satisfaction of the
Additional Chief Judicial Magistrate, Hilsa, Nalanda (Cr. Misc. No.
14440 of 2010)/Sri Manoj Kumar, Judicial Magistrate, 1st class, Hilsa,
Nalanda ( Cr. Misc. No.14790 of 2010) in connection with Khudaganj
P.S. Case No. 4 of 2010, subject to the 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 any
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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.
JA/- (Anjana Prakash, J.)