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Patna High Court – Orders
Uday Yadav &Amp; Anr. vs The State Of Bihar on 23 March, 2011
                       Cr.Misc. No.8364 of 2011
                    1. UDAY YADAV, S/o Doman Yadav.
                    2. Suday Yadav, S/o Doman Yadav.
                         THE STATE OF BIHAR

02. 23.03.2011 Heard learned counsel for the petitioners and the


The petitioners seek bail in a case instituted for

the offences under Sections 307, 379, 323 and 341/34 of

the Indian Penal Code.

It has been submitted on behalf of the petitioners

that there is a counter-version of the same occurrence as

also that there is no eye-witness of the actual killing nor is

there any specific overt act against the petitioners.

Considering the same, let the petitioners, above

named be released on bail 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, Jehanabad in

connection with Pali P.S. Case No. 64 of 2010 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

brother/mother/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 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.)

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