Allowed

Upendra Yadav v. The State Of Bihar

Patna HC24 Apr 2013CR. MISC./11339/2013

Case brief

AI extract

What is this about?

The High Court at Patna released the petitioner on bail in a case involving offences under IPC 302, 218 and SC/ST Act. The petitioner, in custody since 2012, was granted bail due to co-accused acquittal and his undertaking to appear in trial. Specific bail conditions were imposed, and the trial court was directed to expedite witness production.

What did the court decide?

Petitioner released on bail of Rs. 5,000 with two sureties subject to specific conditions including presence in court and affidavit of non-implication in other cases.

Upendra Yadav Vs The State Of Bihar — Caste Atrocities | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11339 of 2013

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====================================================== Upendra Yadav, S/o. Sri Kali Yadav,

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.... .... Petitioner/s

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Versus

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The State Of Bihar

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.... .... Opposite Party/s

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====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 & 218 of the Indian Penal Code and Section 3(x) of the S.C./S.T.(Prevention of Atrocities) Act, 1989.

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2 24-04-2013

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Considering that the other co-accused persons were acquitted and the petitioner is in custody since 13.06.2012 and undertakes to be physically present on each date of trial since charges have not been framed and his brother-in-law Narsing Narayan Singh undertakes his responsibility, 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 as fixed by the Court to the satisfaction of Addl. Sessions Judge, 1^st , Patna in connection with Special Case No. 101 of 2012 arising out of Fatuha P.S. Case No. 218 of 2007 subject to the following conditions:-

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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 and the other bailor shall be the brother-in-law of the Petitioner namely, Narsing Narayan Singh.

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Patna High Court Cr.Misc. No.11339 of 2013 (2) dt.24-04-2013

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2/2

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The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

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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.

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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.

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IV . That the Petitioner will be physically present on each date of trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled.

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The Trial Court is directed to expedite the trial and for which purpose he is directed to send a list of the witnesses fixing specific dates for production of the witnesses along with a copy of this order to the Sr. Superintendent of Police, Patna and the Sr. Superintendent of Police, Patna is directed to ensure production of the witnesses on the date so fixed by the Trial Court so that there is no further delay in trial.

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(Anjana Prakash, J)

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Mkr./-

Upendra Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Upendra Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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