IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44225 of 2010 SHYAM NARAYAN SINGH son of late Hira Singh Versus THE STATE OF BIHAR ----------- 2/ 09.02.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail by order dated 24.06.2010 passed in Cr. Misc. No.15299 of 2010 since he was in custody for misuse of privilege of bail for a period of about sixteen years for which he was in custody since 27.03.2010. However, the court was required to verify that the petitioner had not indulged in any other similar activity during the period of sixteen years. It transpired that, in fact, the petitioner was accused in another case of similar nature, but that appears to be prior to the institution of the present case. In view of such, 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 to be fixed by the court below to the satisfaction of the 1st Additional Sessions Judge, Kaimur at Bhabhua, in connection with Tr. No.147 of 2002 arising out of Mohania P.S. Case No.38 of 1989, subject to the 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 and another bailor shall be Bikesh Singh, son of the petitioner . The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state on 2 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, and (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. The trial court is directed to expedite the trial and conclude is positively within a period of nine months since the occurrence is of the year 1989. JA/- (Anjana Prakash,J.)