High Court Patna High Court - Orders

Nand Bihari Yadav vs State Of Bihar on 29 June, 2010

Patna High Court – Orders
Nand Bihari Yadav vs State Of Bihar on 29 June, 2010
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.13071 of 2010
                      NAND BIHARI YADAV SON OF YOGESHWAR YADAV
                                             Versus
                                      STATE OF BIHAR
                                           -----------

3. 29.6.2010 Supplementary affidavit filed today be kept on the

record.

Heard learned Counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the

offence under Sections 147, 148, 149, 302, 504/34 of the Indian

Penal Code and 27 of the Arms Act.

In the first information report the allegation against the

petitioner is that he caught hold the deceased, whereas co-

accused Chandeshwar Yadav fired at him.

Considering the same and also the fact that the

petitioner is in custody since 2.12.2009 and his wife undertakes

responsibility of the petitioner’s conduct after his release from jail

custody, 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 to the satisfaction of Chief Judicial

Magistrate, Bhojpur at Arrah in Imadpur P.S.case No.21 of 2006,

subject to the conditions (i) That one of the bailors shall be the wife

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 the address of the

petitioner, (ii) that the bailor shall also state on affidavit that he will
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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.

In view of nature of allegations against the petitioner,

the petitioner is directed to appear before the Superintendent of

Police, Bhojpur at Arrah within fifteen days of his release with a

copy of this order and thereafter every two weeks for the next nine

months. The conduct of the petitioner will be kept under watch in

this period by the S.P. concerned and if it is found wanting in any

manner 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.

( Anjana Prakash, J. )

Narendra/