Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31645 of 2014 Arising Out of PS.Case No. -146 Year- 2013 Thana -PARBATTA District- BHAGALPUR ====================================================== Mukesh Yadav, S/o Baiju Yadav, resident of Village Sakarpur (Mohali), P.S. Muffasil Munger, Distt. Munger, present residing at - Jagatpur, P.S. - Parwatta, District - Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Yadav, Adv. For the State : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 09-01-2015 The learned counsel for the Petitioner is permitted to make correction in the address of the Petitioner. Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in a case instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code. Considering that there is no eye witness account of the actual murder and the Petitioner has fair antecedent, let the Petitioner above named, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of Additional Chief Judicial Magistrate, Naugachia, Distt. Bhagalpur, in connection with Parbatta P.S. Case No. 146 of 2013 subject to the following conditions: (i) That one of the bailors will be a close relative of the Petitioner who will

Patna High Court Cr.Misc. No.31645 of 2014 (3) dt.09-01-2015 2/2 give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is 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 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.

(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 delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Anjana Prakash, J) S.Ali/- U T