High Court Patna High Court - Orders

Sheo Parsan Yadav vs The State Of Bihar on 12 October, 2011

Patna High Court – Orders
Sheo Parsan Yadav vs The State Of Bihar on 12 October, 2011
                           IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Cr.Misc. No.32880 of 2011
                            Sheo Parsan Yadav son of Late Ram Awtar Yadav
                                                  Versus
                                          The State Of Bihar
                                                -----------

2. 12.10.2011 Heard learned Counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for the

offence under Sections 341, 323, 447, 504 of the Indian Penal

Code and 3(i)(x) of the S.C/ S.T. Act.

Considering that the petitioner is in custody since

29.8.2011 for misuse of privilege of bail of about an year and

he undertakes to be physically present on each date of trial,

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 learned

A.D.J. 1st, Buxar in connection with S.C./S.T. case No.5 of

2009 arising out of Murar P.S. Case No.4 of 2009, subject to

the conditions (i) That one of the bailor shall be Kanhaiya

Yadav, nephew 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 address of the petitioner. (ii) That the affidavit

shall clearly state that the petitioner is not an accused in any

other case and if he is he shall not be released on bail, (iii)
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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, (iv)

That the petitioner shall be physically present on each date of

trial and if he fails to do so on two consecutive dates without

reasonable cause, his bail shall stand automatically cancelled.

The Trial Court (A.D.J. 1st, Buxar) is directed to

send a list of the witnesses fixing specific dates for

production of the witnesses along with a copy of this order to

the S.P., Buxar and the S.P., Buxar is directed to ensure

production of the witnesses on the date so fixed by the Trial

Court so that there is no further delay in trial.

Narendra/                        ( Anjana Prakash, J. )