IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 31649 of 2011 Chaitu Mahto @ Chaitu @ Chaitu Nonia @ Chaitu Kumar, S/o Ramjeevan Mahto. Versus The State of Bihar -------------- 02. 19.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner was refused bail by order dated 23.08.2010 but has renewed his prayer for bail on the ground that he is in custody since 21.11.2009 and other co-accused persons similarly placed have been granted bail on ground of their long custody as also that there is no progress in trial. Considering the same, 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 Additional Sessions Judge, F.T.C.-IV, Patna in connection with S.Tr. No. 1257/10 arising out of Phulwarisharif P.S. Case No. 463 of 2009 subject to the following 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 2 and the other bailor shall be the brother of the petitioner namely Rajendra Mahto. The bailor 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 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. (iii) 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. It has been submitted that the petitioner is accused in only other case which fact will be verified by the Court concerned before releasing the petitioner on bail. The Trial Court is directed to send a list of witnesses fixing specific dates to the S.P. concerned along with the copy of this order who will ensure the attendance of the witnesses on the said dates so that there is no further delay in trial. Vikash/- (Anjana Prakash, J.)