IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39495 of 2010 SHYAMA KANT SHUKLA, son of late Rampadarath Shukla Versus STATE OF BIHAR ----------- 2/- 26.11.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 447, 326, 324, 307, 504, 34 of the Indian Penal Code. Considering that for misuse of privilege for bail about five years the petitioner has remained in custody since 17.08.2010 and he undertakes to be more vigilant in future, 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 Additional Sessions Judge, F.T.C. No.5, East Champaran at Motihari in Chhatauni P.S. Case No. 33 of 1989 ( Session Trial No. 294 of 1992), 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 the other bailor will be cousin bahnoi of the petitioner, namely, Mani Bhushan Pandey. 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 petitioner is implicated in any other case of similar nature after his 2 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. The Trial Court is directed to expedite the trial and conclude it positively within a period of nine months since the matter is of the year 1989. Ashwini/- ( Anjana Prakash, J.)