IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.31453 of 2011 Ashok Kumar @ Kumar Singh @ Ashok Kumar Singh son of Haridayal Singh Versus The State Of Bihar ----------- 2/ 23.09.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail by order dated 14.07.2010 vide Cr. Misc. No.13147 of 2010 even while the two other co-accused were granted bail since the petitioner had been named in the informatory petition filed by the deceased that he had been threatened by the petitioner and other co-accused persons. The petitioner was again refused bail by order dated 25.07.2011 vide Cr. Misc. No.3991 of 2011. The petitioner has renewed his prayer on the ground that he is in custody since 04.12.2009 and from the order impugned it appears that even charge has not been framed on account of non- appearance of co-accused which appears deliberate move to stall the proceeding. It has been submitted that earlier the deceased had filed an informatory petition on 05.11.2009, wherein, main allegation was against co-accused Ajit Singh, on whom there is specific overt act of shooting at the deceased. In the said informatory petition, there is mention that the deceased had been earlier attacked by the same very accused persons, who were four in number. The petitioner asserts that he was not accused in the earlier case instituted by the deceased about the attack on his person by four accused persons. Considering the nature of allegation as also the fact that the petitioner is in custody since 04.12.2009 and there is only one 2 other case of minor nature pending against him, let the petitioner, above named, be released on bail after framing of charge in the case provided his case not bifurcated for the purpose 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 the Additional Sessions Judge-cum-Fast Track Court No.1st, Vaishali at Hajipur, in connection with Sessions Trial No.199 of 2010 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 bailors shall also state on affidavit that 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, and (iii) 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 fact that the petitioner is not an accused in the case instituted earlier by the deceased and he is accused only in Bidupur P.S. Case No.340 of 2007 will be verified by the court below before releasing the petitioner on bail. JA/- (Anjana Prakash,J.)