Girija Yadav @ Girja Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35041 of 2014 Arising Out of PS.Case No. -176 Year- 2014 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Munna Yadav,

2. Sonu Yadav, both sons of Durvij Yadav, R/o Mohalla- Janakpur, P.S.- Muffasil, Distt.- Gaya .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.35848 of 2014 Arising Out of PS.Case No. -176 Year- 2014 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Girija Yadav @ Girja Yadav, Son of Late Gopi Yadav, resident of Mohalla - Janakpur, Gaya Town, P.S.- Muffasil, District- Gaya. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.35041 of 2014) For the Petitioner/s : Mr. Mukesh Kumar No-1, Advocate For the Opposite Party/s : Mr. Yogendra Kr. Singh, APP (In Cr.Misc. No.35848 of 2014) For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Dr. Ravindra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3/ 20-01-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek bail in a case instituted for the offence under Section(s) 302/34 and other allied Sections of Indian Penal Code.

Considering the genesis of the occurrence, counter version and the nature of allegation, let the Petitioners, above

Patna High Court Cr.Misc. No.35041 of 2014 (3) dt.20-01-2015 2/3 named, who have fair antecedents, be released on bail on furnishing bail bond of `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 the Chief Judicial Magistrate, Gaya, in connection with Muffasil P.S. Case No. 176 of 2014, subject to the conditions:

(i) That one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and, if they are, they shall not be released on bail, (iii) That the bailors shall also state on affidavit that they 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, (iv) 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

Patna High Court Cr.Misc. No.35041 of 2014 (3) dt.20-01-2015 3/3 the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (v) 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.

(Anjana Prakash, J) JA/- U T