IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9736 of 2010 CHANCHAL KUMAR, S/o Ram Bilas Singh. Versus THE STATE OF BIHAR ----------- 02. 23.03.2010 This application has been filed for modification of the impugned order dated 11.07.2006 vide Cr. Misc. No. 18150 of 2006. The petitioner was granted bail by order dated 11.07.2006 on condition that he will appear on each date in the case. He has been doing so but it is extremely difficult to commute from Delhi to Patna where he is running a hotel. With regard to the stage of case it has been submitted that even though the charge-sheet has been submitted no cognizance has been taken till 23.02.2010. In view of the fact there is very slow progress in the trail which means the petitioner is being subjected to great difficulty on account of this order, this modification application is allowed 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. (ii) That the bailor shall also state on - 2 - 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 give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iv) 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. Let this order be communicated to the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 150 of 2004 through FAX at the cost of the petitioner. Vikash/- (Anjana Prakash, J.)