IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37547 of 2010 SANJAY SINGH @ MAHATMA @ SANJAY KUMAR SINGH, S/o Late Sheo Kumar Singh. Versus THE STATE OF BIHAR ----------- 03. 09.02.2011 Supplementary-affidavit filed today be kept on record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 364, 364A and 120B of the Indian Penal Code. The petitioner was refused bail by order dated 02.02.2010 vide Cr. Misc. No. 40532 of 2009 since he kept absconding for a number of years even while the case to be on trial and acquitted in the meanwhile. It has been submitted that even though there was a direction to expedite the trial but till date case has not been committed to the Court of Sessions. A report was called for from the Magistrate concerned who reported that she has been taking steps for production of the accused but since they are lodged in various jails they are not being produced for commitment. The petitioner further submits that apart from a report of the spy there is no cogent material against him which fact is not disputed by the APP. 2 Under the circumstances, let the petitioner, above named be released on bail after framing of charge 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town (Industrial Ara) P.S. Case No. 380 of 1999 (G.R. No. 2928 of 1999) 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. 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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Supdt. of Police, Vaishali at Hajipur within fifteen days of his release with a copy of this order and thereafter every two weeks for the 3 next nine months. The conduct of the petitioner will be kept under watch in this period by the S.P. concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Vikash/- (Anjana Prakash, J.)