IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.26559 of 2011 Gulzari Yadav son of Ganesh Yadav Versus The State Of Bihar ----------- 2/ 16.08.2011 Heard learned counsel for the petitioner and the State. Considering that for misuse of privilege of bail for a period of about six years the petitioner has remained in custody since 27.05.2011 and undertakes to be more vigilant in future as also that in the intervening period he has not committed any offence, 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 below to the satisfaction of the Additional Sessions Judge-cum-Fast Track Court No.5, Bhagalpur, in connection with Sessions Trial No.587-A of 2001, subject to the 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 another bailor shall be Mantoo Yadav, cousin of the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail, (iii) 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 2 ground 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. The Trial Court is directed to expedite the trial and conclude it positively within a period of nine months and for which reason he is directed to send a list of the witnesses fixing specific dates for their examination along with a copy of this order to the Superintendent of Police, Bhagalpur, who is directed to ensure the attendance of the witnesses on the date fixed so that there is no further delay in the trial. JA/- (Anjana Prakash,J.)