Patna High Court - Orders
Janak Yadav & Ors. vs The State Of Bihar on 13 May, 2013
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6157 of 2013
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1. Janak Yadav S/O Nandlal Yadav,
2. Nandlal Yadav S/O Mahabir Yadav,
3. Bhim Yadav S/O Shankar Yadav,
4. Dilip Yadav S/O Lalan Yadav,
5. Bipin Singh S/O Rajendra Singh, R/O Mudial Sonwar, P.S.-Ramnagar,
Distt.-West Champaran
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
3/ 13-05-2013Heard learned counsel for the Petitioner No.5 and the State.
The Petitioner No.5, Bipin Singh, seeks bail in a case instituted for the offence under Section(s) 302 and other allied Section of Indian Penal Code.
Considering that the Petitioner No.5 is in custody since 04.12.2012 and there is no specific overt act alleged against him, let the Petitioner No.5, 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 Additional Chief Judicial Magistrate, Bagaha, West Champaran, in connection with Ramnagar P.S. Case No.402 of 2012, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner, 2 Patna High Court Cr.Misc. No.6157 of 2013 (3) dt.13-05-2013 2/3 who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) 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, (iii) 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 (iv) 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.
In view of the antecedents of the petitioner no.5, he is directed to appear before the Superintendent of Police, Bagaha, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him 3 Patna High Court Cr.Misc. No.6157 of 2013 (3) dt.13-05-2013 3/3 to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned.
JA/- (Anjana Prakash, J)