IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27717 of 2011 1. Arjun Mandal, son of Late Shyam Lal Mandal 2. Ajeet Mandal @ Ajeet Kr. Mandal, son of Late Shyam Lal Mandal Versus The State Of Bihar ----------- 2. 23.08.2011 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code. Considering that the petitioners are in custody since 24.6.2011 for having misused of privilege of bail for about four years and now he undertakes to be vigilant and has not committed illegal activity in the intervening period, 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 or any other surety to be fixed by the court concerned to the satisfaction of Additional Sessions Judge, F.T.C.-VII, Purnea, in connection with Sessions Trial No. 475 of 1990 arising out of Kasba P.S. Case No. 148 of 1987 subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners and the other shall be the full brother of the petitioners namely, Manoj Mandal. The bailor will undertake to furnish information to the court about any change in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not 2 accused in any other case and, if they are, they shall not be released on bail. (iii) 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 initiate the proceeding for cancellation of bail on the ground of misuse. (iv)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 nine months to avoid any complication of this kind in future. For this reason, he is directed to send a list of witnesses to the Superintendent of Police, Purnea, and the Superintendent of Police, Purnea, is directed to ensure production of the witnesses on the date so fixed by the Trial Court so that there is no further delay in the trial. S.Ali ( Anjana Prakash, J.)