IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12385 of 2011 Ramagya Jha, son of Brahamdeo Jha Versus The State Of Bihar ----------- 3. 03.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 307 353, 379 of the Indian Penal Code and Sections 25(1-B)A, 26, 27 and 35 of the Arms Act. The petitioner was refused bail by an order dated 23.8.2010 passed in Cr. Misc. 28121 of 2010 since the petitioner had been arrested with Arms while fleeing away firing at the police force. The prayer for bail has been renewed on the ground that the petitioner is in custody since 26.11.2009 and there is no sufficient progress in trial. A report was called for from the Trial Court from which it appears that the charges were framed against the petitioner on 31.8.2010 and the informant was examined on 8.3.2011 whereafter, no witness is turning up. 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 Additional Sessions Judge, F.T.C.-II, Begusarai, in connection 2 with Sessions Trial No. 432 of 2010 arising out of Bachhwara P.S. Case No. 144 of 2009 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 undertake to furnish information to the court about 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. In view of nature of allegation against the petitioner, the petitioner is directed to appear before the Superintendent of Police, Begusarai, within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police, Begusarai, and if it is found wanting in any manner, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After report to the Superintendent of Police, Begusarai, a certificate will be filed by the petitioner 3 before the court concerned. The Trial Court is directed to send a list of charge sheeted witnesses fixing specific dates along with a copy of this order to the Superintendent of Police, Begusarai, and the Superintendent of Police, Begusarai, shall ensure attendance of the witnesses on the date so fixed by the Trial Court, so that there is no further delay in the trial. S.Ali ( Anjana Prakash, J.)