IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13447 of 2010 BAHARAN BIN @ BAHARAN MUKHIYA, S/o Late Kolai Bin. Versus THE STATE OF BIHAR ----------- 02. 29.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act. Considering that for misuse of privilege of bail for a period of about four years and six months the petitioner has remained in custody since 28.09.2009, 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 to the satisfaction of 5th Additional Sessions Judge, F.T.C. West Champaran at Bettiah in connection with S.Tr. No. 137 of 2004 arising out of Bagha (Bhairoganj) P.S. Case No. 224 of 2002 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 also undertake to inform the Court if there is any change in the address 2 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. The trial court is directed to conclude the trial positively within a period of nine months in view of the fact that the case is of the year 2002. Vikash/- (Anjana Prakash, J.)