IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30858 of 2011
1. Sushil Kumar Yadav S/O Rajendra Yadav R/O Vill.-
Barahkurwa, P.S.- Kumarkhand, Distt.- Madhepura.
Versus
1. The State of Bihar
--------------------
02. 19.09.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Section 414 of the Indian Penal Code
and Sections 25 (1-B) A, 26 and 35 of the Arms Act.
Considering that the petitioner is in custody
since 09.01.2011 for recovery of arms and the petitioner’s
brother Manjesh Kumar is ready to stand surety for him,
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
as fixed by the Court to the satisfaction of Chief Judicial
Magistrate, Madhepura in connection with Murliganj P.S.
Case No. 07 of 2011 subject to the following conditions:-
(i) That one of the bailors will be a close relative of the
petitioner who will give an affidavit giving genealogy as to
how he is related with the petitioner and the other bailor
shall be the brother of the petitioner namely Manjesh
Kumar. The bailor will also undertake to inform the Court
if there is any change in the address of the petitioner. (ii)
That the affidavit shall clearly state that the petitioner is
2
not an accused in any other case and if he is he shall not
be released on bail. (iii) 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. (iv) 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. (v) 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.
In the nature of allegations, the petitioner is
directed to appear before the Head Priest of Local Temple,
Madhepura within fifteen days of his release and file a
certificate about the same in the Court. On filing of the
certificate the petitioner will be granted provisional bail for
a period of six months. In case, the petitioner does not file
a certificate about his reporting to the Head Priest within
two weeks of his release from jail custody, he shall be
noticed cancellation of bail. During six months the
petitioner is expected to engage himself in fruitful
3
activities under the guidance of the Head Priest, Local
Temple, Madhepura and at the end of the six months, he
will file a certificate of his conduct in the court below
issued by the Head Priest. If the certificate granted to the
petitioner is found satisfactory, the court below will
confirm the provisional bail granted to the petitioner and
in case it is not, the petitioner will be taken in custody.
(Anjana Prakash, J.)
Vikash/-