IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.22449 of 2011
1. Ramadhin Yadav son of Late Hari Yadav &
2. Ravindra Yadav S/o Ramadhin Yadav ...Petitioners
Versus
The State Of Bihar ...OP
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2/ 04.08.2011 Heard learned counsel for the petitioners and the State.
The petitioners seek anticipatory bail in a case instituted
for the offence under sections 342, 323, 325307, 504, 506/34 of the
Indian Penal Code.
It has been submitted that the petitioners are the father-
in-law and brother-in-law of one Sanjay Kumar, who was on
litigating terms with the informant his brother on account of the
property dispute and Sanjay Kumar has also filed a case earlier
against his brother, the informant. Further submission is that they
have been falsely implicated by the informant on account of them
having been relatives of Sanjay Kumar.
In view of such, in the event of surrender of the
petitioners, named above, within four weeks from the date of receipt
of a copy of this order in connection with Khizarsarai P.S. Case
No.148 of 2010, they shall be released on anticipatory bail on
furnishing bail bond of Rs.5,000/-(five thousand) each with two
sureties of the like amount each to the satisfaction of the Chief
Judicial Magistrate, Gaya, subject to conditions as laid down under
section 438 (2) Cr. P.C., and (i) That one of the bailors will be a
close relative of the petitioners, who will give an affidavit giving
genealogy as to how he is related with the petitioners. The bailors
will undertake to furnish information to the court about any change
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in the address of the petitioners, (ii) That the affidavit shall clearly
state that the petitioners are not an accused in any other case and, if
they is, they shall not be released on bail and further the petitioners
shall undertake to be represented on the first date after cognizance if
the investigation in the case is still pending and in case they fail to
do so, their bail bond will be liable to be cancelled (iii) That the
bailors shall also state on affidavit that they will inform the court
concerned if the petitioners are implicated in any other case of
similar nature after their 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 petitioners
will give an undertaking that they will receive the police papers on
the given date and be present on date fixed for charge and if they fail
to do so on two given dates and delay the trial in any manner, their
bail will be liable to be cancelled for reasons of misuse and (v) That
the petitioners will be well represented on each date and if they fail
to do so on two consecutive dates, their bail will be liable to be
cancelled.
JA/- ( Anjana Prakash,J.)