IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30368 of 2010 MD. JAFIR SON OF MD. SIKANDAR Versus THE STATE OF BIHAR ----------- 3. 15.9.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 399, 402 of the Indian Penal Code and 25(I-A)b, 26(II), 35 of the Arms Act. Considering that for misuse of privilege of bail for about four years the petitioner has remained in custody since 11.06.2010, 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 to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Purnea in Banmankhi (Jankinagar) P.S. Case no. 253 of 1998, subject to the conditions (i) That one of the bailors shall be the son of the petitioner and the other bailor 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 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 and (iii) that the petitioner will be well represented on each date and - 2 - if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The trial court is directed to expedite the trial and conclude it positively within a period of one year since the matter is of the year 1998. Narendra/ ( Anjana Prakash, J. )