Pankaj Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25259 of 2015 Arising Out of PS.Case No. -114 Year- 2014 Thana -SAHKUND District- BHAGALPUR ======================================================

1. Pankaj Yadav Son of Sakhichand Yadav,

2. Girish Yadav, son of Sakhichand Yadav, Both are Resident of villageJamalpur, P.S.- Shahkund, District- Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Prasad Yadav For the Opposite Party/s : Mr. Ajay Kumar 2 (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 29-07-2015 Heard learned Counsel for the Petitioners and the State. The Petitioners were allowed bail by the order dated 18.12.2014 passed in Cr. Misc. 50508 of 2014 in which one of the conditions was that an affidavit would be filed on their behalf that they have fair antecedent, but, since they were accused in another case, such an affidavit could not be filed and they have remained in custody.

Considering the period of custody, let the petitioners 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 Sub Divisional Judicial Magistrate, Bhagalpur, in connection with Shahkund P.S. Case No. 114 of 2014, subject to

Patna High Court Cr.Misc. No.25259 of 2015 (2) dt.29-07-2015 2/2 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 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 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. (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. The Petitioner is directed deposit a sum of Rs.250/- in the District Legal Aid Committee, Bhagalpur.

(Anjana Prakash, J) S.Ali/- U T