IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.6329 of 2011
LALLU YADAV son of late Devendra Yadav
Versus
THE STATE OF BIHAR
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2/ 17.03.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 302 and other allied sections of the Indian
Penal Code.
It has been submitted that no specific overt act has been
alleged against the petitioner, who was merely a member of mob.
Considering the same as also that the petitioner is in
custody since 11.1.2011 and 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 to be fixed by the court below to the satisfaction
of the Chief Judicial Magistrate, Purnea, in connection with Barhara
P.S. Case No.76 of 2010, subject to the 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
and another bailor shall be the son of the petitioner. The bailors will
undertake to furnish information to the court about 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 he is, he
shall not be released on bail, (iii) That the bailors shall also state on
affidavit that they will inform the court concerned if the petitioner is
implicated in any other case of similar nature after his release in the
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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, and (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.
JA/- (Anjana Prakash,J.)