IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32880 of 2011 Sheo Parsan Yadav son of Late Ram Awtar Yadav Versus The State Of Bihar ----------- 2. 12.10.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 341, 323, 447, 504 of the Indian Penal Code and 3(i)(x) of the S.C/ S.T. Act. Considering that the petitioner is in custody since 29.8.2011 for misuse of privilege of bail of about an year and he 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 A.D.J. 1st, Buxar in connection with S.C./S.T. case No.5 of 2009 arising out of Murar P.S. Case No.4 of 2009, subject to the conditions (i) That one of the bailor shall be Kanhaiya Yadav, nephew 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) - 2 - 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 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 (A.D.J. 1st, Buxar) 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., Buxar and the S.P., Buxar 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. )