IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40842 of 2010 VIVEK KUMAR, S/o Sri Ashok Kumar Tiwary @ Tripathi. Versus STATE OF BIHAR . ----------- 03. 18.05.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 and 120B of the Indian Penal Code and Section 27 Arms Act. The petitioner was refused bail by order dated 28.06.2010 vide Cr. Misc. No. 17139 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 allegation against the petitioner is that at one point in time he had hired the services of two persons for committing the murder of one Sabir Alam whose wife was having affair with one co-accused. However, the attempt was aborted and later on he was murdered by co- accused in which the petitioner had no hand. 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 amount each 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. 417 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close 2 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.)