IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31059 of 2011 Kameshwar Ram, son of Late Sheo Narayan Ram Versus The State Of Bihar ----------- 2. 21.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 3 of the R.P. (U.P.) Act. Considering that the petitioner has misused privilege of bail for a period of eleven years for which he is in custody since 26.7.2011 and now he undertakes to be physically present on each date, 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 to be fixed by the court concerned to the satisfaction of Judicial Railway Magistrate, Gaya, in connection with Dehri R.P.F. Case No. 2 of 1997 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 undertake to furnish information to the court about any change in the address of the petitioner. (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. (iii) That the bailor shall also state on affidavit that he will inform the 2 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. (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v)That the petitioner will be physically present on each date and if he fails to do so on two consecutive dates without sufficient cause, his bail shall stand automatically cancelled. The Trial Court (Sessions Judge, Gaya,) 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 Superintendent of Police, Gaya, and the Superintendent of Police, Gaya, 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 the trial. The Trial Court is also directed to conclude the trial positively within a period of six months since the case is of the year 1997. S.Ali ( Anjana Prakash, J.)