IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8960 of 2010 1. BISHWANATH MAHTO, S/o Late Janak Mahto. 2. Mahesh Rai, S/o Nanhki Rai. Versus THE STATE OF BIHAR ----------- 02. 15.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 143 and 379 of the Indian Penal Code. Taking into consideration the fact that for misuse of privilege of bail for a period of about five years the petitioners have remained in custody since 22.12.2009, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Muzaffarpur in connection with S.Tr. No. 46 of 2005 arising out of Sakra P.S. Case No. 172 of 1991 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. (ii) That the bailor shall also state on affidavit that he will - 2 - 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. (iii) 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 within a period of six months in view of the fact that the occurrence is of the year 1991 and the offence is under Section 379 of the Indian Penal Code. Vikash/- (Anjana Prakash, J.)