IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32006 of 2010 1. BHIKHARI SAH, S/o Late Shiv Charan Sah. 2. Nathuni Sah, S/o Late Shiv Gobind Sah. Versus THE STATE OF BIHAR ----------- 03. 01.10.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 307, 324, 323, 341 and 447 of the Indian Penal Code. It has been submitted that for misuse of privilege of bail for a period of about three years the petitioners have remained in custody since 24.06.2010. Considering the same, let the petitioners, above named, who undertake to be more vigilant in future, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Additional Sessions Judge, F.T.C.-III, East Champaran at Motihari in connection with S.Tr. No. 359 of 1991 arising out of Paharpur P.S. Case No. 109 of 1988 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of 2 the petitioners. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. The Trial Court is directed to expedite the trial and conclude it positively within a period of one year in view of the fact that the occurrence is of the year 1988 and the Sessions Trial is of the year 1991. Vikash/- (Anjana Prakash, J.)