IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37082 of 2010 RAJU MAHTO S/O PARMESHWAR MAHTO Versus STATE OF BIHAR ----------- 3. 20.04.2011 By an order dated 30.03.2010 vide Cr. Misc. No. 9916 of 2010 the petitioner was refused bail but had given liberty to renew his prayer for bail after framing of charge in case the trial is not bifurcated. The petitioner has renewed his prayer for bail on the ground that charge has been framed but his trial is bifurcated. However, an explanation was called for from the Magistrate, it was done despite the order dated 30.3.2010. The explanation of the Magistrate is that the trial of co-accused persons had been committed to the court of Sessions much earlier and out of the rest of the two accused petitioner was one of them whose case was committed on 7.4.2010 itself and the second was one Balindra Yadav, who was dead and, therefore, his case was not bifurcated for all practical purposes. In view of the earlier order granting liberty to the petitioner to renew his prayer for bail after framing of charge, 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 concerned to the satisfaction of learned Additional Sessions Judge, Barh, Patna in connection with S.Tr. No. 710 of 2010 arising out of Bhadaur P.S. Case No. 43/1995, subject to the conditions, (i) That one of the bailors will be a close relative of the petitioner who will give an 2 affidavit giving genealogy as to how he is related with the petitioner and the other bailors shall be the wife/brother of the petitioner. The bailors will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the bailors shall also state on affidavit that they 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 ground of misuse, (iii) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J.)