IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 27325 of 2011 1. Satish Kumar @ Dukh Haran, S/o Sri Yadubansh Narayan Singh, R/o Mohalla- Purbi Lohanipur, Railway Hunter Road, P.S.- Kadam Kuan, Distt.- Patna. Versus 1. The State of Bihar ------------------ 03. 24.11.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 392 of the Indian Penal Code. The petitioner was refused bail by order dated 30.06.2011 since the stolen motorcycle was recovered from the possession of the petitioner. The prayer for bail has been renewed on the ground that the informant has not identified the petitioner as one of the dacoits during trial. The petitioner also alleged that there was undue delay in conclusion of trial. A report was called for from the Trial Court about the stage of trial and it appears that despite his best effort the prosecution is not producing its witnesses and only one witness has been examined till date. Considering the aforesaid, let the petitioner, above named who is in custody since 14.10.2009 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 Sri Ravi Ranjan, Judicial Magistrate, 1st Class, Patna (or its successor) in connection with Gandhi Maidan P.S. Case No. 402 of 2009 subject to the following conditions:- (i) That one of the bailors 2 will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and the other bailor shall be the brother of 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 will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) That the petitioner will be physically present on each date of trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled. The Trial Court is directed to expedite the trial and conclude it positively within a period of six months for which he is directed to send a list of witnesses fixing specific dates to the S.P. concerned along with the copy of this order who will ensure the attendance of the witnesses on the said dates so that there is no further delay in trial. Vikash/- (Anjana Prakash, J.)