IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26001 of 2010 1. FAIYAZ ALAM @ MD. FAIYAZ SON OF LATE ABBAS 2. MD. MANZOOR ALAM SON OF LATE NAZIR ALAM Versus STATE OF BIHAR ----------- 2. 4.8.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 395 of the Indian Penal Code. Considering that for misuse of privilege of bail for a period of five years the petitioners have remained in custody since 26.6.2010 and 13.7.2010 respectively and undertake to be more responsible in future, 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 1st Additional Sessions Judge, F.T.C.No.I, Madhepura in S.Tr.No.148 of 2009(SI) arising out of Bihariganj P.S.case No.61 of 2001, subject to the conditions (i) That one of the bailors shall be the wife/brother of the petitioners and the other bailor 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 bailor shall also state on affidavit that he will inform the court concerned if 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 - 2 - initiate the proceeding for cancellation of bail on the ground of misuse and (iii) 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 conclude it positively within a period of nine months since the case is of the year 2001. Narendra/ ( Anjana Prakash, J. )