IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15037 of 2011 Mahesh Prasad son of Late Shaligram Prasad Versus The State Of Bihar ----------- 5. 13.10.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/ss.341, 323, 324, 307/34 of the Indian Penal Code and 27 of the Arms Act. The petitioner was refused bail by an order dated 14.9.2010 vide Cr.Misc.No.30833 of 2010 but stating therein that it was rejected at that stage since he had kept absconding for a number of years. However, the petitioner had been granted liberty to renew his prayer for bail after framing of charge. The petitioner has renewed his prayer for bail despite the fact that the charges have not been framed. It has been submitted that the other accused persons are not co-operating in framing of charge and the petitioner has been languishing in jail for a long time. Considering the report of the Trial Court that it is not without reason charge has not been framed, I am not inclined to review the earlier order. However, the petitioner, above named, shall be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any - 2 - other surety to be fixed by the court concerned to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Atri P.S. Case No.42 of 2003, subject to the conditions (i) That one of the bailors shall be the brother 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 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 ground of misuse, (iii) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )