High Court Patna High Court - Orders

Vinod Yadav vs The State Of Bihar on 21 September, 2011

Patna High Court – Orders
Vinod Yadav vs The State Of Bihar on 21 September, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.31068 of 2011
                              Vinod Yadav, son of Dukhi Yadav
                                             Versus
                                     The State Of Bihar
                                           -----------

2. 21.09.2011 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for

the offence under Section 47(a) of the Excise Act.

Considering that the petitioner is in custody since

28.7.2011 and he is first offender in such a case, 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 to be fixed by the court

concerned to the satisfaction of Additional Chief Judicial

Magistrate, Bagaha, Distt. West Champaran, in connection with

Excise Case No. 01 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 shall be the father

of the petitioner. The bailor will undertake to furnish information

to the court about any change in the address of the petitioner.

(ii) That the affidavit shall clearly state that the petitioner is not

an accused in any other case of similar nature 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
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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.

( Anjana Prakash, J.)
S.Ali