Rakesh Ranjan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45830 of 2015 Arising Out of PS.Case No. -71 Year- 2015 Thana -PARAIYA District- GAYA ====================================================== Rakesh Ranjan Yadav Son of Nand Kishore Yadav Resident of village - Parsawan, P.S. Paraiya, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Sharma, Adv For the Opposite Party/s : Mr. Bharat Lal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 30-10-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for the offences punishable under Sections-147, 148, 149, 341, 323, 504, 325, 427, 379 and 307 of the Indian Penal Code, this Court by taking into account that the only omnibus allegation against the petitioner is of being the member of the unlawful assembly, and that the petitioner has got no criminal antecedent as well as two co-accused persons namely, Nand Kishore Yadav and Naresh Yadav having identical allegation have been granted privilege of anticipatory bail by order dated

Patna High Court Cr.Misc. No.45830 of 2015 (2) dt.30-10-2015 14.10.2015 in Criminal Miscellaneous No. 44635 of 2015 and order dated 15.10.2015 in Criminal Miscellaneous No. 46405 of 2015, this Court would also direct that if the petitioner namely, Rakesh Ranjan Yadav, surrenders within a period of four weeks from today, he would be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Gaya in connection with Paraiya P.S. Case No. 71 of 2015, subject to the conditions laid down under Section438 (2) Cr. P.C and also subject to the following conditions:- (i) That both the bailors will be close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the bailor shall also state on

Patna High Court Cr.Misc. No.45830 of 2015 (2) dt.30-10-2015 affidavit that they 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.

(iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the 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. (iv) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone. (Mihir Kumar Jha, J) Ranjan/- U T