IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12503 of 2010
RAJ KUMAR YADAV SON OF LATE RAM SARAN YADAV
Versus
STATE OF BIHAR
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4. 24.6.2010 Heard learned Counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under Section 395 of the Indian Penal Code.
It has been submitted that the petitioner is not named
in the first information report and subsequently when it transpired
that the daughter-in-law of the petitioner was using the sim card of
one of the looted Mobiles, the petitioner’s house was raided and
the petitioner was apprehended with the Mobile using the said sim
card.
The submission is the raid was conducted one and half
months later and it is quite possible that the petitioner may be a
bonafide purchaser of the same.
In view of such, let the petitioner above named, who is
in custody since 8.12.2009, 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 Addl. Chief Judicial Magistrate,
Hilsa, Nalanda in Chandi P.S.case No.262 of 2009, subject to the
conditions (i) That one of the bailors shall be the son 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
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petitioner, (ii) 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, (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.
( Anjana Prakash, J. )
Narendra/