IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9352 of 2010 SHANKAR SINGH, S/o Late Ram Chalitra Singh. Versus THE STATE OF BIHAR ----------- 03. 29.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 364A/34 of the Indian Penal Code. The petitioner was refused bail by order dated 13.04.2007 on merits. However, the petitioner has remained in custody since 31.12.2005 and the trial is being unnecessarily delayed on account of some one reason or the other. A report was called for from the trial court, from which it appears that the last witness was examined on 15.06.2008 and two witnesses are yet to be examined both of whom are official. In view of period of custody, 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 to the satisfaction of 2nd Additional Sessions Judge, Nalanda at Biharsharif in connection with S.Tr. No. 802 of 2006 arising out of 2 Deepanagar P.S. Case No. 40 of 2006 subject to the following conditions:- (i) That one of the bailors 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 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 well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The trial court will consider pressing of Section 66 Cr.P.C. into service for production of the two official witnesses so that there is no further delay in the matter. Vikash/- (Anjana Prakash, J.)