IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11761 of 2010 RAJESH YADAV SON OF SRI KISHUN YADAV Versus STATE OF BIHAR -----------
3. 1.7.2010 Heard learned Counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under Sections 323, 376 and 511/34 of the Indian Penal
It has been submitted that even though the occurrence
is said to have taken place on 19.9.2009, the matter was reported
only on 4.10.2009 and there is no explanation for the delay.
In view of such, let the petitioner above named, who is
in custody since 21.11.2009, 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 Chief Judicial Magistrate,
Gopalganj in Sidhwaliya P.S.case No.94 of 2009, subject to the
conditions (i) That one of the bailors shall be the father 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
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.
The fact that the petitioner is an accused in only one
other case besides the present one will be verified by the
Magistrate concerned before releasing the petitioner on bail.
( Anjana Prakash, J. )