IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11840 of 2010 BIJENDRA DAS, S/o Late Mahadeo Das. Versus THE STATE OF BIHAR ----------- 02. 19.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 324, 307, 448, 380, 504 and 120B/34 of the Indian Penal Code. From the impugned order, it appears that by an order dated 16.10.2009 the petitioner was given liberty to renew his prayer for bail after six months in case the trial is not concluded. However, since the wife of the petitioner is not appearing during trial the charges could not be framed and resultantly the trial is delayed. The submission is that the petitioner is in custody since 31.08.2009 and there is a general allegation against three accused persons. In view of such, 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 to the satisfaction of Chief Judicial Magistrate, Madhepura in connection with Gamharia P.S. Case No. 32 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will - 2 - give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) 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 the ground of misuse. (iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons 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 petitioner will also give an undertaking before the court below that he will ensure the attendance of his wife so that charges can be framed at an early date. Vikash/- (Anjana Prakash, J.)