IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21293 of 2010
1. SHOBHA YADAV, S/o Rajendra Yadav.
2. Santosh Yadav, S/o Late Chhedi Yadav.
Versus
THE STATE OF BIHAR
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02. 28.06.2010 Heard learned counsel for the petitioners and
the State.
The petitioners seek bail in a case instituted
for the offences under Sections 147, 148, 149, 307,
332 and 353 of the Indian Penal Code and Section 27
of the Arms Act.
The prosecution case is that when the Officer
In-charge, Gogari P.S. was doing investigation for an
occurrence in which one Rakesh Kumar had been
injured, he along with the rest of the police force
raided machan of one co-accused Yusuf Khan where
a number of persons found sitting in a suspicious
condition. The accused persons are said to have fired
at the police force due to which no one was injured.
The seven persons were identified as members of the
unlawful assembly but the petitioner is not named
therein. However, during investigation the petitioner
was named by certain witness that he along with one
Yusuf Khan was present at the place of occurrence.
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Considering the same, let the petitioners,
above named who are in custody since 11.01.2010
and 01.12.2009, be released on bail on furnishing
bail bonds of Rs. 5,000/- (Five Thousand) each with
two sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate, Saharsa in
connection with Saur Bazar P.S. Case No. 242 of
2008 (G.R. No. 1506 of 2008) subject to the following
conditions:- (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 and the other bailor shall be the
father/wife of the petitioners. The bailor will also
undertake to inform the Court if there is any change
in the address of the petitioners. (ii) That the bailor
shall also state on affidavit that he 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. (iii) That the
petitioners will give an undertaking that they will
receive the police papers on the given date and be
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present on date fixed for charge and if they fail to do
so on two given dates and delays the trial in any
manner, their bail will be liable to be cancelled for
reasons of misuse. (iv) 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.
(Anjana Prakash, J.)
Vikash/-