IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11356 of 2010 LACHHU RAM @ LAHSU RAM @ LAHSUN, SON OF NAUBHARI RAM Versus STATE OF BIHAR ----------- 3. 24.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364A, 120(B) and 34 of the Indian Penal Code. The petitioner was refused bail firstly on 2.12.2003 vide Cr. Misc. 29382 of 2003 considering the merits of the case but stating therein that it was being presently rejected. Thereafter, on 26.7.2004, the prayer for bail of the petitioner was permitted to be withdrawn. On 12.12.2006, the petitioner was refused bail once again on merits but with observation that the trial be concluded within six months which was the time estimated by the trial court for conclusion of the trial. A liberty was granted to the petitioner to renew his prayer for bail after such time. A report was called for from the trial court about the tardy progress in the trial and the trial court has reported that one Manju Nonia absconded on 17.6.2003 and the trial was held up for his appearance between 17.6.2003 to 4.5.2010 which, to say the least, very unfortunate in view of the fact that the petitioner was in custody since 11.2.2003. The trial court has reported that uptill now only two witnesses have been examined. In view of such, let the petitioner above named, who has fair antecedents, be released on bail on furnishing bail bond of Rs. 2 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C. No. 4th, Rohtas at Sasaram in Sessions Trial No. 477 of 2005 arising out of Sasaram (Town) P.S. Case No. 654 of 2002 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 shall be the wife/son of the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii)That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail. (iii)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. (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. The trial court will keep in mind that for examining prosecution witnesses, Sections 62 and 66 Cr. P.C. should be pressed in service for an early disposal of the case. S.Ali ( Anjana Prakash, J.)