IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.42772 of 2010 DHARMENDRA KUMAR son of Kishori Sao Versus THE STATE OF BIHAR ----------- 3/ 04.05.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail by order dated 17.05.2010 vide Cr. Misc. No.16241 of 2010. Prayer for bail has been renewed on the ground that there is undue delay in the trial. Upon this, a report was called for from the Trial Court, who has reported that the informant and one other witness are of Bhojpur and Jehanabad district and the rest of the witnesses are police officials and, therefore, it would take time to conclude the trial. Considering the report as also that the petitioner has fair antecedents and is in custody since 17.11.2009, let the petitioner, above named, be released on bail on furnishing bail bond of `5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Additional Sessions Judge, II, Patna City, in connection with Fatuha P.S. Case No.455 of 2009, subject to the 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 another bailor shall be Jitendra Kumar, full brother of the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not an accused in 2 any other case and, if he is, he shall not be released on bail, (iii) 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, (iv) 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 communicate with the Superintendent of Police, Bhojpur/ Jehanabad, for production of the witnesses so that there is no further delay in the trial. JA/- (Anjana Prakash,J.)