IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41909 of 2011 Bhagwan Rai @ Shivnath Paswan son of Late Henu Paswan Versus The State Of Bihar ---------------------------------- 2. 23.12.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 467, 468, 419, 420 and 406 of the Indian Penal Code. By an order dated 9.8.2011 the petitioner was refused bail but a liberty had been given to him to renew his prayer for bail after framing of charge if his case is not bifurcated. The petitioner has renewed his prayer for bail on the ground that charges have been framed on 21.9.2010. 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 learned J.M. 1st class Sri Nitin Kaushik, Patna City, Patna in connection with Khajekallan P.S. Case No.13 of 2001, subject to the conditions (i) That one of the 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 - 2 - 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 ground of misuse, (iv) That the petitioner shall be physically present on each date of trial and if he fails to do so on two consecutive dates without any reasonable cause, his bail shall stand automatically cancelled. It is expected that the Trial Court will conclude the trial within next nine months in view of the fact that the case is of the year 2001. Narendra/ ( Anjana Prakash, J. )