IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 27092 of 2011 1. Prabhu Paswan @ Prabhu Dusadh, S/o Jagdeo Paswan, R/o Vill.-Tilokhar, At Present Vill.-Parcha, P.S.-Chutiya, Dist.-Rohtas. Versus 1. The State of Bihar ------------------- 03. 25.10.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302, 307, 323, 353 and 120B of the Indian Penal Code and Section 27 of the Arms Act. The petitioner was refused bail on four occasions earlier and the prayer for bail has been renewed on the ground that the petitioner is in custody since 29.04.2004 and the trial is being unduly delayed. A report was called for from the Trial Court which reveals that part of delay has been caused by the prosecution witnesses who despite notices had not appeared and part because of abscondance to co-accused persons who were on bail. It has been submitted that the petitioner’s wife Fekani Devi is ready to undertake his responsibility and petitioner undertakes to be physically present on each date. Considering the same, 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 2 amount each or any other surety as fixed by the Court to the satisfaction of Additional Sessions Judge, F.T.C.-V, Rohtas at Sasaram in connection with S.Tr. No. 243/06 arising out of Nauhatta P.S. Case No. 29 of 1999 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 petitioner and the other bailor shall be the wife of the petitioner namely Fekani Devi. 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 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. Vikash/- (Anjana Prakash, J.)