IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13575 of 2011 Bijay Prasad @ Bijay Mahto, Son of Shiv Nandan Mahto, resident of village- Mauari, P.S- Mohanpur, Dist- Gaya Versus The State Of Bihar ---------------------------------- 03 23.12.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail by order dated 11.11.2009 vide Cr. Misc. No.39184 of 2009. The petitioner has renewed his prayer for bail on the ground of undue delay and the petitioner is in custody since 11.07.2009. A report was called for from the Trial Court from which it appears that the case has been fixed on 02.09.2011 for commitment to the Court of Sessions. In view of such as also the fact that petitioner has been named only in the confessional statement of the co-accused, 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 below to the satisfaction of Sub-Divisional Judicial Magistrate, Sherghatti, Gaya in connection with Barachatti ( Mohanpur) P. S. Case No. 183/05, 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. The bailors 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 bailors shall also state on affidavit that 2 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,(iv) 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. Namita (Anjana Prakash , J.)