IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25774 of 2011 Prabhu Mishra, son of Late Moti Lal Mishra. Versus The State Of Bihar ---------------------------------- 3. 24.11.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail by an order dated 18.3.2011 passed in Cr. Misc. 6392 of 2011 since he had fired on a vital portion of the Informant. The prayer for bail has been renewed on the ground of delay in trial. An explanation report was called for from the Trial Court from which it appears that the charge was framed on 13.9.2011 and till date no witness has been examined. The submission of the counsel for the petitioner is that the petitioner has been falsely implicated on account of the fact that about six months earlier to the present occurrence, the petitioner himself and his family have been seriously injured by the Informant and others for which a case was registered and to save his skin, the present case has been instituted falsely. The petitioner is in custody since 27.10.2010 and there is only one other case of minor nature pending against him. Considering the same, 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 2 the satisfaction of Chief Judicial Magistrate, Buxar, in connection with Brahmpur P.S. Case No. 63 of 2010, 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 and the other shall be the mother 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 and if he fails to do so on two consecutive dates, his bail shall stand automatically cancelled. S.Ali ( Anjana Prakash, J.)