IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.19832 of 2011
Mithlesh Yadav son of Rajendra Yadav
Versus
The State Of Bihar
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4/ 10.08.2011 Supplementary affidavit on behalf of the petitioner is
being filed. Let it be kept with the record.
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 and section 27 of the Arms Act.
It has been submitted that two groups of villagers
clashed between themselves on the day of Holi in which transaction
later on firing was resorted to by the accused persons in which
accidentally the deceased, who was crossing by, was hit. Submission
is, therefore, that in the facts of the case no offence under section
302 Indian Penal Code would be made out.
Considering the same as also that the petitioner is not
accused in any other case of similar nature, 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, Gaya, in connection with Belaganj P.S.
Case No. 29 of 2009, 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.
The bailors will undertake to furnish information to the court about
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any change in the address of the petitioner, (ii) 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 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 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 (iv) 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.)