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Patna High CourtCR. MISC./2580/2015bail granted

Jitendra Yadav And ORS v. The State Of Bihar

2015-01-22Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2580 of 2015 Arising Out of PS.Case No. -28 Year- 2014 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Jitendra Yadav S/o Late Kamal Yadav

2. Anirudh Rai S/o Ram Babu Rai

3. Ram Babu Rai S/o Late Bhola Rai All Sl. No. 1 to 3 are R/o Village Dhaphar, P.S. Chauradano, District East Champaran. ... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Anita Kumari (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 22-01-2015 Heard learned counsel for the Petitioners and the State. The Petitioners seek bail in a case instituted for the offence under Section(s) 147, 148, 149, 447, 448, 323, 324, 307, 379, 504 of the Indian Penal Code.

Considering the genesis of the occurrence and the relationship between the parties as also the fair antecedent of the petitioners and that the matter has already been compromised, in the event of surrender/arrest of the Petitioners, named above, within four weeks from the date of receipt/production of a copy of this order in connection with Chauradano P.S. Case No. 28 of 2014, they shall be released on anticipatory 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 the Judicial Magistrate 1st Class, Raxaul at Motihari subject to the conditions as laid down under

Patna High Court Cr.Misc. No.2580 of 2015 (2) dt.22-01-2015 2/2 sections 438(2) Cr. P. C. 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 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,(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, and (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.