IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25756 of 2010 SHIV GOPE, SON OF LATE MOTI GOPE @ MOTILAL YADAV Versus STATE OF BIHAR ----------- 3. 16.09.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364(A) of the Indian Penal Code. It has been submitted that the petitioner is in custody since 22.3.2003 and it is only on 10.5.2010 that the case was committed to the court of Sessions. Even though the petitioner’s prayer for bail was refused twice by an order dated 27.6.2003 and 7.4.2004, the prayer has been made only on the basis of period of incarceration. The report from the trial court reveals that there is absolutely no progress in the trial. 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 or any other surety to be fixed by the court concerned to the satisfaction of Additional Sessions Judge, IX, Patna, in Sessions Trial No. 884 of 2010 arising out of S.K. Puri P.S. Case No. 143 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 brother of the petitioner. The bailor will undertake to furnish information to the court about any change 2 in 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 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 District & Sessions Judge, Patna, is directed to call for the records of the present case to appreciate the delay in committing cases to the court of Sessions. He may also explore as to how the Judicial Officers within his Judgeship can be motivated to be conscious in committing cases to the court of Sessions without delay. S.Ali ( Anjana Prakash, J.)