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Dhirendra Kumar @ Dhirendra Yadav and anr. Vs. the State of Bihar

Dhirendra Kumar @ Dhirendra Yadav and anr. vs The State of Bihar

Type Court Judgment Court Patna Decided May 19, 2012
~3 min read
https://sooperkanoon.com/case/975420

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Citation
Court
Patna High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Dhirendra Kumar @ Dhirendra Yadav and anr.

Respondent

The State of Bihar

Excerpt

.....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 the order on furnishing bail bonds of rs. 5,000/- (five thousand) each with two sureties of the like amount each or any other surety as fixed by the court to the satisfaction of additional chief judicial magistrate, danapur, patna in connection with paliganj p.s. case no. 15 of 2011 subject to the conditions as laid down under section 438(2) of the code of criminal procedure as also subject to the following conditions:- (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related patna high court cr.misc. no.43261 of 2011 (2) dt.19-01-2012 2/2 with the petitioners. the bailor will also undertake to inform the court if there is any change in the address of the petitioners. (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail. (iii) 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 the ground of misuse. (iv) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on 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. (v) 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.) vikash/-

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43261 of 2011 ====================================================== 1. Dhirendra Kumar @ Dhirendra Yadav, S/o Nathuni Yadav @ Ramdas Yadav, R/o Vill Fatehpur, P.S. Paliganj, Dist. Patna.

2. Ramdas Yadav @ Nathuni Yadav, S/o Dip Nath Yadav @ Jagarnath Yadav, R/o Vill Fatehpur, P.S. Paliganj, Dist. Patna. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER Per: (HONOURABLE JUSTICE SMT. ANJANA PRAKASH) 02. 19.01.2012 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 147, 384, 323, 324 and 504 of the Indian Penal Code and Section 3(ii) of SC/ST Act. Considering the nature of allegations, 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 the order on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Additional Chief Judicial Magistrate, Danapur, Patna in connection with Paliganj P.S. Case No. 15 of 2011 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related Patna High Court Cr.Misc. No.43261 of 2011 (2) dt.19-01-2012 2/2 with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail. (iii) 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 the ground of misuse. (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on 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. (v) 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.) Vikash/-

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