Sanjai Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4328 of 2015 Arising Out of complaint Case No. -1338 Year- 2012 District- BHABHUA (KAIMUR) ======================================================

1. Sanjai Yadav, S/o Kishore Yadav, Resident of Village Bhanipur, P.S. Tahawbarpur, District Azamgarh.

2. Manish Yadav, S/o Nanhelal Yadav, Resident of Village Bhanipur, P.S. Tahawbarpur, District Azamgarh (O.P.).

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Prasad Singh, Adv. For the Opposite Party/s : Mr. Aditya Nr. Singh1, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 26-05-2015 Heard learned counsel for the Petitioners and learned A.P.P. for the State.

The Petitioners are apprehending their arrest in a case registered under Sections 406, 420 and 120(B) of the Indian Penal Code.

Considering the nature of allegations against the Petitioners as also the fair antecedent, let the Petitioners above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of four weeks from the date of receipt of this order in connection with Complaint Case No. 1338 of 2012 on furnishing bail bonds of Rs. 5,000/- (five thousand) each with two sureties of the like amount

Patna High Court Cr.Misc. No.4328 of 2015 (3) dt.26-05-2015 2/2 each to the satisfaction of learned Chief Judicial Magistrate, Bhabua under district Kaimur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also conditions (a) That one of the bailor will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how they are related with the Petitioners. The bailor will undertake to furnish information to the Court about any change in address of the Petitioners.

(b) That the affidavit shall clearly state that the Petitioners are not the accused in any other case and if they are they shall not be released on bail, (c) That the bailor shall also state on affidavit that he 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 ground of misuse (e) 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) Vats/- U T