IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29379 of 2011 Ajay Kumar, son of Late Bachchu Goswami Versus The State Of Bihar ---------------------------------- 3. 29.11.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 395 of the Indian Penal Code, Sections 25(1-B)A, 26 and 35 of the Arms Act. The prosecution case is that on the pointing out of the Informant, three miscreants were arrested while fleeing away from another train. The submission is that no recovery was effected from his possession and there is only one other case pending against the petitioner which fact shall be verified by the Magistrate before releasing the petitioner on bail. Considering the period of custody and the fact that only two witnesses have been examined till date, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with three 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.-V, Lakhisarai, in connection with Sessions Trial No. 678 of 2010 arising out of (Rail P.S. Kiul (Nawada) P.S. Case No. 16 of 2010), subject to the following 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 2 petitioner, the second bail shall be the elder brother of the petitioner namely Sanjay Kumar and the 3rd bailor must be local since the petitioner belongs to Nawada. 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. It is expected that the Trial Court (Additional Sessions Judge, F.T.C.-V, Lakhisarai) will conclude the trial within the time frame fixed by him for which he is directed to send a list of the witnesses fixing specific dates for production of the witnesses along with a copy of this order in connection with Sessions Trial No. 678 of 2010 arising out of (Rail P.S. Kiul (Nawadah) P.S. Case No. 16 of 2010) to the Superintendent of Police, Lakhisarai, and the Superintendent of Police, Lakhisarai, is directed to ensure production of the 3 witnesses on the date so fixed by the Trial Court so that there is no further delay in trial. S.Ali ( Anjana Prakash, J.)