IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 23816 of 2011 Yadubansh Kamkar @ Yadubans Kamkar, S/o Late Pran Kamkar. Versus The State of Bihar ---------------- 03. 22.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 448, 341, 302, 201, 380 and 427 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner was refused bail by order dated 26.10.2010 since he had remained absconding for a number of years even though he was alleged to have actively participated in the occurrence. The petitioner has renewed his prayer for bail on the ground that there is no positive direction in trial. A report was called for from the Trial Court which reveals that despite notices to the witnesses none of them are appearing. The petitioner undertakes to be physically present on each date. Considering the same, 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 as fixed by the Court to the satisfaction of Additional Sessions Judge, F.T.C.-V, Buxar in connection with S.Tr. No. 301 of 2009 arising 2 out of Dhansoi P.S. Case No. 39 of 1995 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 and the other bailor shall be the daughter-in-law of the petitioner namely Rita Devi. The bailor will also undertake to inform the Court if there is any change in the address 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 physically present on each date of trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled. Vikash/- (Anjana Prakash, J.)