Patna High CourtCR. MISC./30662/2015bail granted

Chandrika Yadav v. The State Of Bihar

2015-08-12Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30662 of 2015 Arising Out of PS.Case No. -117 Year- 2011 Thana -BARACHATTI District- GAYA ======================================================

1. Chandrika Yadav Son of Chanderdeo Yadav resident of village - Tulachak, P.S. Barachatti, Distt. - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 12-08-2015 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 452, 307, 436, 427, 342, 380 of the Indian Penal Code, Section 17 C.L.A. Act and Sections 16, 18, 19 and 20 of U.A.P. Act and 3⁄4 of Explosive Act. Considering that the Petitioner has fair antecedents and he is in custody since 17.11.2014 and there is no specific overt act alleged against him, 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 concerned to the satisfaction of learned Sri Rajiv Kumar, Judicial Magistrate, 1st Class, Sherghati, Distt. Gaya, in connection with Barachatti P.S. Case No. 117 of 2011, subject to the

Patna High Court Cr.Misc. No.30662 of 2015 (2) dt.12-08-2015 2/2 conditions, (i) That one of the bailors will be a close relative of the Petitioner who will 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.