Patna High Court - Orders
Ramesh Yadav @ Ram Naresh Yadav vs The State Of Bihar on 1 February, 2012
Author: Anjana Prakash
Bench: Anjana Prakash
Patna High Court Cr.Misc. No.313 of 2012 (2) dt.01-02-2012 1
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.313 of 2012
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1. Ramesh Yadav @ Ram Naresh Yadav S/O Sh. Sant Bilash Singh
Resident Of Village- Ahirpurwa, P.S.- Ara Town, District- Bhojpur
At Ara
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
(Per: HONOURABLE JUSTICE SMT. ANJANA PRAKASH)
02. 01.02.2012Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the offences under Sections 302 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.
By order dated 18.10.2011 the petitioner was refused bail on account of vague statement recorded with regard to allegations against the petitioner he was given liberty to renew his prayer for bail after framing of charge if his case is not bifurcated.
It has been submitted that two charge-sheets were submitted against accused persons and, therefore, at different times the case was committed. However, now all the accused persons have been charged and their trials have been amalgamated.
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 as fixed by the Court to the Patna High Court Cr.Misc. No.313 of 2012 (2) dt.01-02-2012 2 satisfaction of Additional Sessions Judge, F.T.C.-II, Bhojpur at Ara in connection with S.Tr. No. 387 of 2011 arising out of Ara Town P.S. Case No. 22 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. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) 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. (iii) That the petitioner will be physically present on each date of trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled.
The fact that there are only one other case pending against the petitioner will be verified by the Court below before releasing the petitioner on bail.
(Anjana Prakash, J.) Vikash/-