IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.28985 of 2010
SARBIN YADAV @ SHARBIN YADAV @ SHARABINI YADAV S/O LATE
KAMLESHWARI YADAV
Versus
THE STATE OF BIHAR
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3. 21.12.2010 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence u/s.302/34 of the Indian Penal Code and 27 of the
Arms Act.
The petitioner was allowed bail by an order dated
4.12.2009 vide Cr.Misc.No.41943 of 2009 on condition that
an affidavit would be filed on his behalf that the petitioner
was not an accused in any other case. However, since the
petitioner was an accused in four other cases instituted
subsequent to the present case the petitioner was not
released on bail.
Considering that earlier on merits the petitioner had
been allowed bail as also that he is medically unfit, 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 to be fixed by the
court concerned to the satisfaction of Chief Judicial
Magistrate, Munger in Muffasil P.S. case No.180 of 2005,
subject to the conditions (i) That one of the bailor shall be
the mother of the petitioner and the other bailor will be a
close relative of the petitioner who will give an affidavit
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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 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 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, (iv) That the
petitioner will be well represented on each date if he fails to
do so on two consecutive dates, his bail will be liable to be
cancelled.
Narendra/ ( Anjana Prakash, J. )