Patna High Court - Orders
Janki Yadav & Anr vs State Of Bihar on 1 February, 2010
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.2685 of 2010
1. JANKI YADAV, S/o Late Ramdeo Yadav.
2. Dharmendra Yadav @ Sanjay Yadav, S/o Krishundeo Yadav.
Versus
THE STATE OF BIHAR
-----------
02. 01.02.2010Heard learned counsel for the petitioners and the State.
The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 342, 379 and 427 of the Indian Penal Code, Section 3/4 of the Explosive Substance Act and Section 17 of Criminal Law Amendment Act.
Taking into consideration the fact that the petitioners are not named in the First Information Report and subsequently their names transpired during investigation of having indulged in extremist activities, let the petitioners above named who are in custody since 19.09.2009 and 15.12.2009 be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sherghati (Gaya) in connection with Barachatti P.S. Case No. 176 of 2009 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. (ii) That the bailor shall also state on -2- 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. (iii) 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.
In view of the nature of the case it will be proper to direct the petitioners to appear before the Supdt. of Police, Gaya within fifteen days of his release from custody with a copy of this order and thereafter every two weeks for the next six months in which period the conduct of the petitioner will be watched by the S.P. In case the petitioners' conduct are found wanting in any manner a report will be made to the court concerned about the same who will initiate a proceeding for cancellation of bail for reasons of misuse of bail.
(Anjana Prakash, J.) Vikash/-