Bhutal Yadav @ Bhutali @ Bhutali Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.31456 of 2014 (2) dt.21-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31456 of 2014 Arising Out of PS.Case No. -151 Year- 2012 Thana -RANIYATALAB District- PATNA ====================================================== Bhutal Yadav @ Bhutali @ Bhutali Yadav, son of Hari Nandan Yadav, resident of Village- Ghala, Police Station- Rani Talab, District- Patna. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Ram Prawesh Kumar, Advocate. For the State : Mr. Shantanu Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 21-01-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Rani Talab P.S. Case No. 151 of 2012 registered under Sections 272, 290, 308/34 of the Indian Penal Code as well as 47(A) of the Excise Act.

Learned counsel for the petitioner submits that one of the co-accused having similar allegation has been granted bail by order dated 24. 02. 2014 in Cr. Misc. No. 48445 of 2014 and case of the petitioner is on similar footing.

Having regard to the facts and circumstances of the case, the above named petitioner in the event of his arrest/surrender within a period of four weeks from date of receipt of copy of order in the court below shall be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Danapur, in connection with Rani Talab P.S. Case No. 151 of 2012, subject to the condition as laid down under Section 438(2) of Cr.P.C. and (i) that one of the bailors will be a close

Patna High Court Cr.Misc. No.31456 of 2014 (2) dt.21-01-2015 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 affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail, (iii) 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 at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) 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 delay the trial in any manner, his bail will be .

liable to be cancelled for reasons of misuse and (v) that the petitioner will be well represented on each date and if he fails to do so on two given consecutive dates, his bail will be liable to cancelled.

m.p.

(Gopal Prasad, J) U T