Rajesh Yadav vs State Of Bihar on 1 July, 2010

Patna High Court – Orders
Rajesh Yadav vs State Of Bihar on 1 July, 2010
                                Cr.Misc. No.11761 of 2010
                          RAJESH YADAV SON OF SRI KISHUN YADAV
                                      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. )


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