IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35046 of 2009 MADAN KUMAR @ GABBAR SON OF RAMDEO PRASAD Versus STATE OF BIHAR ----------- 3. 30.11.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 397 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report and subsequently his name transpired during investigation through witnesses, who stated that the petitioner had been seen roaming around near the place of occurrence the previous night, let the petitioner above named, who is in custody since 6.9.2004, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Asstt. Sessions Judge 1st Danapur, Patna in S.Tr.No.916 of 2006 arising out of Danapur P.S.case No.349 of 2004, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with 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 and (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. - 2 - The Sessions Judge, Patna is directed to transfer the case before a court which is in a position to take up the trial and dispose it off expeditiously in view of the fact that the occurrence is of the year 2004 and the Sessions Trial is of 2006. The report of the trial court reveals that bailable warrants against witnesses have been issued on 5.4.2007 and again on 16.12.2008, which is unfortunate since charge was framed on 13.2.2007 and there is no reason why two months and then again almost two years should have been taken to issue warrants to witnesses. The court is directed to more vigilant in such matters. Narendra/ ( Anjana Prakash, J. )