IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.8364 of 2011
1. UDAY YADAV, S/o Doman Yadav.
2. Suday Yadav, S/o Doman Yadav.
Versus
THE STATE OF BIHAR
-----------
02. 23.03.2011 Heard learned counsel for the petitioners and the
State.
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
2
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/-
