IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25928 of 2011 Sri Ram Choudhary, S/o Late Hito Choudhary. Versus The State of Bihar ------------- 02. 08.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 364 of the Indian Penal Code. Considering that the occurrence is of the year 1997 and First Information Report was instituted in the year 2008 in this regard, 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 1st Additional Sessions Judge, Khagaria in connection with Morkahi P.S. Case No. 50 of 2008 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. 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 2 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. The S.P. Khagaria is directed to take note of the fact that even though the complaint was instituted in the year 1997 and the same must have been sent to the police for investigation under Section 156(3) Cr.P.C. immediately thereafter the First Information Report was instituted only in 2008 i.e. about 11 years ago and ensure that from henceforth such lapses do not occur. Let this order be communicated to the S.P. Khagaria through FAX. Vikash/- (Anjana Prakash, J.)