Patna High Court - Orders
Babulal Yadav vs The State Of Bihar on 1 August, 2011
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.24444 of 2011
Babulal Yadav, son of Baleshwar Yadav
Versus
The State Of Bihar
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2. 01.08.2011Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the offence under Sections 341, 323, 324, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
It has been submitted that in the First Information Report, there is no specific overt act alleged against the petitioner as also that he is in custody since 11.6.2011 and has fair antecedents.
Considering the same, 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 Chief Judicial Magistrate, Gaya, in connection with Atari P.S. Case No. 113 of 2010 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. 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 and, if he is, he 2 shall not be released on bail. (iii) That the bailor shall also state on affidavit that he 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. (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