Bittu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8612 of 2015 Arising Out of PS.Case No. -54 Year- 2014 Thana -GHOSBARI District- PATNA ====================================================== Bittu Yadav son of Gandhari Yadav, resident of Village Gosaigaon, P.S. Ghoshwari, District-Patna. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s : Mr. Indra Kr. Singh (A. P.P.) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 15-04-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 326, 307, 509, 506 of the I.P.C. and 27 of the Arms Act. The petitioner was allowed bail vide order dated 18.02.2014 in Cr. Misc. No. 50646/2014 but on condition that an affidavit would be filed on his behalf that he has fair antecedent. Since two other cases were filed against the petitioner, both of them are minor in nature as such affidavit could not be filed and he continued to remain in custody.

Considering that this court had found that the above named, petitioner should be released on bail on merits, 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 learned A.C.J.M., Barh,

District Patna in connection with Ghoswari P.S. Case No. 54/2014, District-Patna, 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.

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 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 nay 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.

(Anjana Prakash, J.) Kamlesh U T