IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3088 of 2010 BHOLA SINGH @ UMESH SINGH son of Daroga Singh Versus THE STATE OF BIHAR ----------- 2/ 28.01.2010 Heard learned counsel for the petitioner and the State. Taking into consideration the fact that the petitioner was refused bail by order dated 17.9.2009 passed in Cr. Misc. No.24440 of 2009 saying that it was being rejected at that stage and now the petitioner has remained in custody since 14.3.2009, let the petitioner, above named, who has no antecedent, 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 the Chief Judicial Magistrate, Bhojpur at Ara, in connection with Jagdishpur P.S. case no.45 of 2009, subject to the 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, (ii) that the affidavit shall 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 give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for - 2 - reasons of misuse and (v) 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 grievance of the petitioner is that since he was not being produced from jail custody, the trial could not be completed and now, he is on bail and be well represented on each day before the court below. The learned court below is directed to ensure the conclusion of trial within the reasonable time. JA/- (Anjana Prakash, J.)