IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27101 of 2011 Basudeo Yadav son of Ramautar Yadav Versus The State Of Bihar ----------- 2. 23.8.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in Khizar Sarai P.S. case No.25 of 2001 instituted for the offence under Sections 25(1Ab), 26 and 35 of the Arms Act. Considering that for misuse of privilege of bail for about six years the petitioner has remained in custody for the last four months and now he is ready to be physically present on each date, 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 learned Chief Judicial Magistrate, Gaya in connection with Khizer Sarai P.S. Case No.25 of 2001, subject to the conditions (i) That one of the bailor shall be Jitendra Kumar, son of the petitioner and the other bailor 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 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 - 2 - 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 ground of misuse, (iv) 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, (v) That the petitioner will be physically present on each date if he fails to do so on two consecutive dates without reasonable cause, his bail will be liable to be cancelled. The Trial Court is directed to expedite the trial and conclude it positively within a period of six months so that there is no further complication in trial. For this reason the Trial Court (Chief Judicial Magistrate, Gaya) is directed to send a list of the witnesses fixing specific dates for production of the witnesses along with a copy of this order to the S.P., Gaya and the S.P., Gaya is directed to ensure production of the witnesses on the date so fixed by the Trial Court so that there is no further delay in trial. Narendra/ ( Anjana Prakash, J. )