IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 30905 of 2011 1. Surendra Prasad. 2. Nand Lal Prasad, Both sons of Late Nagina Prasad. 3. Benga Prasad, S/o Late Raghunandan Prasad. Versus The State of Bihar ----------------- 02. 20.09.2011 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 341, 323, 324, 307 and 379/34 of the Indian Penal Code. It has been submitted that for misuse of privilege of bail for a period of about four years the petitioner is in custody since 17.08.2011. Considering the same, let the petitioner, above named be released on bail if charge has been framed and if not after framing of charge on furnishing bail bond of Rs. 5,000/- (Five Thousand) 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.-V, Chapra in connection with S.Tr. No. 773/06 arising out of Tarinya P.S. Case No. 22/99 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 and the other bailor shall be the 2 son/brother/father of the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of 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 petitioner will 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. In the meanwhile, the Trial Court is directed to send a list of witnesses fixing specific dates to the S.P. concerned along with the copy of this order who will ensure the attendance of the witnesses on the said dates so that there is no further delay in trial. Vikash/- (Anjana Prakash, J.)