IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40798 of 2011 Banka Chaudhary, S/o Late Indrasan Chaudhary, R/o Village- Chanderman Hata, Police Station - Barharia, District - Siwan …Petitioner Versus 1. The State Of Bihar …OP ---------------------------------- 2/ 22.12.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 147, 148, 149, 323, 324 and 435 of the Indian Penal Code. Considering that the petitioner is in custody since 16.07.2011 for absconding about eleven years and undertakes to be physically present on each of trial and also submits that charges have been framed, let the petitioner, above named, be released on bail after framing of charge 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 Special Judge, Siwan, in connection with Special Case No.48A of 1998 arising out of Barharia P.S. Case No.53 of 1996, 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 Ranglal Choudhary, 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 2 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, (iv) That the petitioner shall be physically present on each date and if he fails to do so on two consecutive dates, his bail shall stand automatically cancelled. It is expected that the Trial Court will conclude the trial within a period of six months for which 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, Siwan, 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.)