Patna High Court - Orders
Dilip Yadav @ Saurav Yadav vs The State Of Bihar on 10 January, 2013
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.455 of 2013
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Dilip Yadav @ Saurav Yadav, son of Ram Sagar Yadav, resident of
village/Mohalla-Janipur Navtolaiya, P.S.-Ballia, District-Begusarai
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
2/ 10-01-2013Heard learned counsel for the Petitioner and the State.
The Petitioner seeks bail in a case instituted for the offence under Section(s) 399, 402 Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.
Considering that no arms were recovered from the possession of the Petitioner and he has fair antecedents, 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 below to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Ballia P.S. Case No.160 of 2012, subject to the 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 another bailor shall be the mother of the Petitioner. The bailors will undertake to furnish 2 Patna High Court Cr.Misc. No.455 of 2013 (2) dt.10-01-2013 2/2 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 and, if he is, he shall not be released on bail, (iii) That the bailors shall also state on affidavit that they 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, and (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.
The fact that the Petitioner has fair antecedents will be verified by the Court below before releasing him on bail.
JA/- (Anjana Prakash, J)