Rakesh Yadav @ Kranti And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51626 of 2014 Arising Out of PS.Case No. -87 Year- 2013 Thana -ANDER District- SIWAN ======================================================

1. Rakesh Yadav @ Kranti, son of Umesh Yadav

2. Niraj Yadav @ Sura Yadav, son of Mukesh Yadav @ Mukhodeo Yadav Both resident of Dehabari, P.S. Ander, Distt. Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary, Adv. For the State : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 05-01-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek bail in a case instituted for the offence under Sections 392 and 379 of the Indian Penal Code Considering that the Petitioners' name transpired in the confessional statement of the co-accused but neither any incriminating article was recovered from his possession nor has he been put on Test Identification Parade, let the Petitioners above named, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of Chief Judicial Magistrate, Siwan, in connection with Ander P.S. Case No. 87 of 2013 subject to the following conditions: (i) That one of the bailors will be a close relative of the Petitioners who

Patna High Court Cr.Misc. No.51626 of 2014 (2) dt.05-01-2015 2/3 will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioners are implicated in any other case of similar nature after their 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 Petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. In view of the antecedents of the Petitioners, the Petitioners are directed to appear before the Superintendent of Police, Siwan, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months.

Patna High Court Cr.Misc. No.51626 of 2014 (2) dt.05-01-2015 3/3 concerned by him 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 Petitioners before the court concerned.

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