High Court Patna High Court - Orders

Tajendra Yadav & Ors. vs The State Of Bihar on 12 October, 2011

Patna High Court – Orders
Tajendra Yadav & Ors. vs The State Of Bihar on 12 October, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Criminal Miscellaneous No. 29968 of 2011
                   1. Tajendra Yadav, S/o Late Yadubir Yadav.
                   2. Rajendra Yadav @ Rajendra Prasad Yadav, S/o Yadubir
                      Yadav.
                   3. Yogendra Yadav, S/o Late Yadubir Yadav.
                   4. Yugal Yadav, S/o Late Yadubir Yadav.
                   5. Ful Chand Yadav, S/o Late Munshi Yadav.
                   6. Raj Kishore Yadav, S/o Madan Yadav.
                   7. Jai Prakash Yadav, S/o Yamun Yadav.
                                             Versus
                                      The State of Bihar
                                       --------------------

02. 12.10.2011 Heard learned counsel for the petitioners and the

State.

The petitioners are apprehending their arrest in a

case registered under Sections 447, 341, 323 and 504/34

of the Indian Penal Code and Section 3(x) of SC/ST Act.

Considering that for the same occurrence a

counter-version was given a little later and this

occurrence took place on account of election dispute, let

the petitioners, above named be released on anticipatory

bail in the event of arrest or surrender before the learned

Court below within a period of four weeks from the date of

receipt of the order on furnishing bail bonds of Rs.

5,000/- (Five Thousand) each with two sureties of the like

amount each or any other surety as fixed by the Court to

the satisfaction of Chief Judicial Magistrate, Araria in

connection with Sonamani Godam (Kursakanta) P.S. Case

No. 50 of 2011 subject to the conditions as laid down

under Section 438(2) of the Code of Criminal Procedure
2

as also 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. The bailor will also undertake

to inform the Court if there is any change 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 are they shall not be released on bail. (iii) 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. (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 delays the trial in

any manner, their bail will be liable to be cancelled for

reasons of misuse. (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.

(Anjana Prakash, J.)
Vikash/-