IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.30315 of 2010
1. PRASADI YADAV, S/o Late Bholi Yadav.
2. Uchit Yadav, S/o Late Shyam Yadav.
Versus
THE STATE OF BIHAR
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02. 29.09.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Sections 147, 148, 149, 302, 307,
353, 439, 380, 295A and 120B of the Indian Penal Code,
Section 27 of the Arms Act and Sections 3 and 4 of
Explosive Substance Act.
Considering that initially final report was
submitted and twelve years latter the case was reopened
at the behest of the Government having a serious view of
communal riots but there is no specific overt act alleged
against the petitioner and he has not misused the
privilege of bail in the interim period, 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 as fixed by the Court
to the satisfaction of Chief Judicial Magistrate, Bhagalpur
in connection with Nathnagar (Masudanpur) P.S. Case No.
241 of 1989 subject to the following 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
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related with the petitioner. The bailor will also undertake
to inform the Court if there is 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 bailor
shall also state on affidavit that he 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. (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. (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.
(Anjana Prakash, J.)
Vikash/-