Akhilesh Narain Yadav @ Akhilesh Kumar Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38642 of 2014 Arising Out of PS.Case No. -157 Year- 2013 Thana -KEOTI District- DARBHANGA ======================================================
1. Akhilesh Narain Yadav @ Akhilesh Kumar Yadav
2. Basant Narain Yadav Both are Sons of Ram Prasad Yadav resident of village- Lalganj, Police Station- Keoti, District- Darbhanga .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 13-03-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation against the petitioners for the offences punishable under Sections-341, 323, 307, 386, 379, 504, 506 and 34 of the Indian Penal Code and Section-3(i) (x) of the SC/ST (P.O.A) Act and the fact that the allegation of assault against the petitioners have not at all been substantiated in course of investigation by the police and the chargesheet only was submitted for the offences punishable under Sections-341, 323, 385, 504 and 34 of the Indian Penal Code and Section-3(i) (x) of the SC/ST (P.O.A) Act and the petitioners have also got no
Patna High Court Cr.Misc. No.38642 of 2014 (2) dt.13-03-2015 criminal antecedent, this Court would direct that if the petitioners namely, Akhilesh Narain Yadav @ Akhilesh Kumar Yadav and Basant Narain Yadav, surrender within a period of four weeks from today, would be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga in connection with Keoti P.S. Case No. 157 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 petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners. The bailors will also undertake to inform the Court if there is any change in the address of the petitioners.
(ii) That the bailors shall also state on affidavit that they will inform the Court concerned
Patna High Court Cr.Misc. No.38642 of 2014 (2) dt.13-03-2015 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 their 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 the date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioners will be well represented on each and every date of trial and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled on this ground alone.
(Mihir Kumar Jha, J) Ranjan/- U