IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1438 of 2011 Sk. Fakhre Alam @ Fakhre Alam S/o Late Sk. Kalam Versus The State Of Bihar ----------- 4. 29.9.2011 Supplementary affidavit filed today on behalf of the petitioner stating that the petitioner has clear antecedents be kept on the record. Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. The petitioner was refused bail by orders dated 24.9.2008 and 18.1.2010 since he was one of the persons, who had fired at the deceased but with the direction to the Trial Court to expedite the trial. The petitioner has renewed his prayer for bail on the ground that he is in custody for about four years and there is no sufficient progress in trial. A report was called for from the Trial Court, which reveals that charges were framed on 28.4.2011 but till 17.9.2011 not a single witness has turned up for examination. The submission of the petitioner is that in such circumstances the trial is likely to be further delayed and the petitioner is ready to be physically present on each date to ensure smooth progress of trial. - 2 - 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 to be fixed by the court concerned to the satisfaction of learned 2nd Additional Sessions Judge, Bettiah, West Champaran in connection with S. Tr. No.460 of 2009 arising out of Majhaulia P.S. Case No.26 of 2003, subject to the conditions (i) That one of the bailor shall be Tanwir Ahmad, brother-in-law of the petitioner and the other bailor 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 address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in 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 ground of misuse, (iv) That the petitioner shall be physically present on each date and if he fails to do so on two consecutive dates without any reasonable cause, his bail shall stand automatically cancelled. The Trial Court (2nd Additional Sessions Judge, - 3 - Bettiah, West Champaran) 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., Bettiah, West Champaran and the S.P., Bettiah, West Champaran 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. )