IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11783 of 2010 UDAY PASWAN SON OF SRI BHATTU PASWAN Versus THE STATE OF BIHAR ----------- 2. 19.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 395 of the Indian Penal Code. The petitioner was refused bail by an order dated 30.4.2009 vide Cr.Misc.No.8572 of 2009 mainly for the reason that he had remained absconding for 10-15 years. A direction had been given to the court below to conclude the trial within nine months, but the impugned order reveals that despite lapse of six months from the date of framing of charge no witness has turned up during trial. In view of such and also that the petitioner has no criminal antecedents and is in custody since 20.12.2008, 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 to the satisfaction of A.D.J., Lakhisarai in S.C.No.565A of 1997 arising out of Surajgarha P.S.case No.154 of 1995, 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. 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 has been acquitted in the case in which he was an accused and - 2 - accused in any other case 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 and (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. Narendra/ ( Anjana Prakash, J. )