IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9043 of 2010 KAMLA KOIYARI, SON OF LATE BALI MAHTO Versus THE STATE OF BIHAR ----------- For the petitioner : Dr. Leelawati Kumari, Adv. For the State : Mr. C. Jawahar, A.P.P. ----------- 3. 09/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 148, 324, 307 of the Indian Penal Code and Section 27 of the Arms Act. Taking into consideration the fact that for misuse of privilege of bail for a period of about nine years, the petitioner has remained in custody since 19.1.2010, let the petitioner above named, who is in custody since be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C. IV, Aurangabad, in Sessions Trial No. 206 of 1981/257 of 2009 arising out of Barun P.S. Case No. 15 of 1974 subject to the following 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. (ii)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. - 2 - (iii)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 next nine months in view of the fact that the occurrence is of the year 1974 and the trial is of the year 1981 and 2009. S.Ali (Anjana Prakash, J.)