IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1066 of 2010 VISHWANATH RAM SON OF LATE DEONANDAN RAM Versus STATE OF BIHAR ----------- 2. 22/01/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 302, 201 of the Indian Penal Code and Section 17 of C.L.A. Act. It has been submitted that even though the date of occurrence is 21.8.1997, the Warrants of Arrest has been issued against the petitioner only on 13.7.2009 i.e. almost after about 11 years and there is no explanation for such delay. Moreover, on merits, it has been submitted that the petitioner is not named in the First Information Report and subsequently, it is on the basis of suspicion that the petitioner has been made an accused. Under the circumstances, let the petitioner above named, who is in custody since 18.9.2009 be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, in connection with Tekari P.S. Case No. 93 of 1997 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. (ii)That the bailor shall 2 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 give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons 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 well advised to commit the case to the court of Sessions immediately so that the trial may proceed and be concluded at an early date since this is a case of the year 1997. S.Ali (Anjana Prakash, J.)