IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10863 of 2011 Raja Prasad @ Raja Gope, S/o Late Ram Udit @ Udit Singh. Versus The State of Bihar ---------------- 04. 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 447, 307 and 384/34 of the Indian Penal Code. The petitioner was refused bail by order dated 03.08.2010 since there was allegation against him of having fired at the informant on the head. The petitioner has renewed his prayer for bail on the ground that he is in custody since 22.12.2009 and even though charges have been framed not a single witness has been examined by the prosecution. A report was called for from the Trial Court which reveals that on 12.01.2011 charges were framed against the accused persons but no witness has turned up before the Court as yet. 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 2nd Additional Sessions Judge, Hilsa, Nalanda in connection with S.Tr. No. 256 of 2010 arising 2 out of Hilsa P.S. Case No. 447 of 2009 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 and the other bailor shall be the son of the petitioner namely Srikant Prasad. The bailor will also undertake to inform the Court if there is any change in the address of 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. (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 send a list of witnesses fixing specific dates to the S.P. Nalanda along with the copy of this order who will ensure the attendance of the witnesses on the said dates so that there is no further delay in trial. Vikash/- (Anjana Prakash, J.)