IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24997 of 2011 Radhey Paswan, son of Late Ramchandra Paswan, resident of Village Tekna, P.S. Bodh Gaya, District- Gaya…. ..Petitioner Versus The State Of Bihar….. …Opposite Party …………….. For the Petitioner : Mr. Rashid Izhar, Advocate For the State : Mr. Ram Priyasharan Singh, A.P.P ………………………. 3 19.10.2011 Heard learned counsel for the petitioner and the learned A.P.P. for the State and also perused the report kept at Flag- A. The petitioner seeks bail in a case registered for the offence under Section 395 of the Indian Penal Code. Petitioner’s prayer for bail has been rejected twice, firstly vide order dated 22.05.2009 passed in Cr.Misc. No. 17659 of 2009 and again vide order dated 19.01.2011 passed in Cr. Misc. No. 30583 of 2010, copy of the orders have been appended as Annexure- 1 series. It has been submitted on behalf of the petitioner that he is in custody since 05.07.2008, 2 i.e., more than three years. However, from the report kept at Flag- A, it appears that the trial has not commenced as yet, as the dates are being fixed for appearance of the absentee accused. Learned counsel for the petitioner also submitted that co- accused, namely, Vijay Das has already been granted bail by another Bench of this Court. Having regard to the facts and the circumstances of the case, the petitioner, Radhey Paswan, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sherghati, Gaya in connection with Amas P.S. Case No.82/2008 with a further condition that one of the bailors of the petitioner must be the close relative of his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. Further, after his release in this case, if the petitioner is again found to be involved in criminal case of similar nature, the 3 court concerned would be at liberty to take steps for cancellation of his bail bonds. Sanjay-II (Dr. Ravi Ranjan, J.)