IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40826 of 2010 VIVEK KUMAR, S/o Sri Ashok Kumar Tiwary @ Tripathi. Versus THE STATE OF BIHAR . ----------- 04. 18.05.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 379/511 of the Indian Penal Code and subsequently added under Sections 307, 120B, 449, 450, 452 and 420 IPC. The petitioner was refused bail by order dated 28.06.2010 vide Cr. Misc. No. 10823 of 2010 on merits but it had been observed that the trial should be expedited and in case there was undue delay in conclusion of the same for reasons not attributable to the petitioner he would be at liberty to renew his prayer for bail. It has been submitted that the petitioner is in custody since 20.11.2009 and till date not even police papers have been submitted to the petitioner and therefore there is no chance of the trial will be concluded at an early date. 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 2 or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Patna in connection with Phulwarishariff P.S. Case No. 377 of 2009 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 brother of the petitioner namely Vikash Kumar Trivedi. 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. Vikash/- (Anjana Prakash, J.)