Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36466 of 2014 Arising Out of PS.Case No. -147 Year- 2013 Thana -MADANPURA District- AURANGABAD ====================================================== Naresh Yadav S/o Late Bharath yadav Resident of Village War, P.S. Madanpur, District Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 20-02-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for the offences punishable under Sections-420 and 34 of the Indian Penal Code and under Section-47(A) of Excise Act and the highlighted aspect as also emerging from the FIR as well as from the seizure list that the petitioner was not apprehended at the spot with the consignment of illicit liquor, this Court would direct that if the petitioner, namely, Naresh Yadav, surrenders within a period of four weeks from today, he would be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction

Patna High Court Cr.Misc. No.36466 of 2014 (2) dt.20-02-2015 of Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 147 of 2013 subject to the conditions laid down under Section- 438

(2) Cr. P.C and also subject to the following conditions:- (i) That both the bailors will be close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors 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

Patna High Court Cr.Misc. No.36466 of 2014 (2) dt.20-02-2015 undertaking that he will receive the police papers on the given date and be present on the 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 and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) Ranjan/- U