IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30391 of 2011 Nirodh Modi @ Niraj Kumar son of Sri Trivesh Modi Versus The State Of Bihar ----------- 2. 15.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 436 of the Indian Penal Code. Considering that the petitioner is in custody since 15.08.2011 for having absconded for six and half years and in the intervening period he has not committed any occurrence, 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 Additional District Judge, F.T.C. 3, Banka in connection with Amarpur P.S. Case No. 21 of 2005 subject to the following conditions: A. 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, B. 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, C. 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 2 thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, E. 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 send a list of the witnesses fixing specific dates for their examination along with a copy of this order to the Superintendent of Police, Banka, who is directed to ensure the attendance of the witnesses on the date fixed so that there is no further delay in the trial. Put up on its receipt. Saif /- (Anjana Prakash, J.)