IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39715 of 2011 Umesh Paswan Son of Late Ganesh Paswan Versus The State Of Bihar ---------------------------------- 2. 19.12.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 395 of the Indian Penal Code. Considering that the petitioner undertakes to be physically present on each date of trial, 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 concerned to the satisfaction of learned Additional Sessions Judge, F.T.C. 2nd, Banka in connection with Sessions Trial No.715 of 2002/ Tr. No.51 of 2011 arising out of Rajoun P.S. Case No.49 if 1989, subject to the conditions (i) That one of the bailor shall be Prakash Paswan, cousin brother of the petitioner and the other bailor 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 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 court concerned if the - 2 - 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 ground of misuse, (iv) That the petitioner shall 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. The Trial Court is directed to expedite the trial and conclude it within a period of nine months so that there is no further complication in the case, for this the Trial Court (Additional Sessions Judge, F.T.C. 2nd, Banka) 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 S.P., Banka and the S.P., Banka 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. Narendra/ ( Anjana Prakash, J. )