IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39556 of 2011 Pintu Gupta @ Sunil son of Mahinder Gupta Versus The State Of Bihar & Anr ---------------------------------- 2. 16.12.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 328, 307, 379 of the Indian Penal Code and 20/22 of the N.D.P.S. Act. The petitioner was refused bail by an order dated 21.9.2011 vide Cr.Misc.No.30901 of 2011 but granted liberty to renew his prayer for bail after framing of charge if his case is not bifurcated for the same. It has been submitted that altogether there are five accused persons and all of them have been charged together and, therefore, the petitioner deserves to be bailed out, on the strength of earlier liberty. Considering the aforesaid liberty, 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 Special Judge, Railway, Katihar in connection with Katihar Rail P.S. Case No.9 of 2011(G.R. No.21 of 2011), subject to the conditions (i) That one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to - 2 - how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner, (ii) That the petitioner shall be physically present on each date during trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled. The Trial Court (Special Judge, Railway, Katihar) is directed to send a list of the witnesses fixing specific dates for production of the witnesses along with a copy of this order to the S.P., Katihar and the S.P., Katihar is directed to ensure production of the witnesses on the date so fixed by the Trial Court so that there is no further delay in trial. Narendra/ ( Anjana Prakash, J. )