IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10365 of 2011 Md. Chhotu, S/o Md. Sobarati. Versus The State of Bihar ---------------- 03. 16.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 324, 307, 353, 457, 380 and 511/34 of the Indian Penal Code and Sections 25A(1B), 26, 27 and 35 of the Arms Act. The petitioner was refused bail by order dated 19.08.2010 since he had been caught at the spot along with incriminating articles. The prayer for bail has been renewed on the ground that he is in custody since 01.09.2009 and there is no progress in trial. A report was called for from the Trial Court which reveals that despite several round of notice to the witnesses none is appearing in the Court below. In view of such, 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 as fixed by the Court to the satisfaction of 9th Additional Sessions Judge, Patna in connection with Gandhi Maidan P.S. Case No. 351 of 2009 (S.Tr. No. 108 of 2010) subject to the following 2 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 the other bailor shall be local since the petitioner belongs to Bhojpur. The bailor will also undertake to inform the Court if there is 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 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. Let photo copy of communication of the Trial Court dated 21.05.2011 be forwarded to the Sr. S.P., DIG, and I.G. Patna for the needful Vikash/- (Anjana Prakash, J.)