IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26511 of 2011 Rudal Gond, S/o Rampreet Gond. Versus The State of Bihar ----------------- 02. 11.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code. Considering that for misuse of privilege of bail for a period of about a year the petitioner has remained in custody since 06.06.2011 and undertakes to be physically present on each date, 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 as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Asaaon P.S. Case No. 01 of 2001 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 bailor shall be the son of the petitioner namely Govind Kumar Gond. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall 2 clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) 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. (iv) That the petitioner will be physically present on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. In the meanwhile, the Trial Court is directed to expedite the trial and conclude it positively within a period of nine months since the Sessions Trial is of the year 2002. The Trial Court is also directed to send a list of witnesses fixing specific dates to the S.P. Siwan 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.)