IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25431 of 2010 1. AGAMLAL SADA S/O LATE SUKHDEO SADA 2. SIBAN SADA S/O LATE ASHARFI SADA Versus STATE OF BIHAR ----------- 2. 28.7.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 323, 324, 307, 380 and 452 of the Indian Penal Code. Considering that for misuse of privilege of bail for a period of about five years the petitioners have remained in custody since 22.5.2010 and in the intervening period they have not committed any other offence, let the petitioners above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge, F.T.C. III, Supaul in S.Tr.No.20 of 1994 arising out of Raghopur P.S.case No.49 of 1991, subject to the conditions (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if - 2 - the petitioners are implicated in any other case of similar nature after their 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 and (iv) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. The trial court is directed to expedite the trial and positively conclude it within a period of nine months considering that the occurrence is of the year 1991. Narendra/ ( Anjana Prakash, J. )