Arun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51603 of 2014 Arising Out of PS.Case No. -158 Year- 2014 Thana -GOPALPUR District- BHAGALPUR ====================================================== Arun Yadav, son of Opi @ Upendra Yadav, resident of village Bhawanipur, P.S. Gopalpur (Rangra), Distt. Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar, Adv. For the State : Mr. Anil Pd. Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 05-01-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in a case instituted for the offence under Sections 364, 302 and 201 of the Indian Penal Code.

Considering that there is no eye witness to the occurrence, 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 below to the satisfaction of Chief Judicial Magistrate, Naugachia, in connection with Gopalpur P.S. Case No. 158 of 2014 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 and the other shall be the wife of the Petitioner namely,

Patna High Court Cr.Misc. No.51603 of 2014 (2) dt.05-01-2015 2/3 Bhibha Devi. 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.

In view of the antecedents of the Petitioner, the Petitioner is directed to appear before the Superintendent of Police, Bhagalpur, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the Petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail

Patna High Court Cr.Misc. No.51603 of 2014 (2) dt.05-01-2015 3/3 for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the Petitioner before the court concerned.

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