IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12069 of 2010 LAXMAN NAT, SON OF SHIVANANDAN NAT Versus THE STATE OF BIHAR ----------- 3. 28.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 396 of the Indian Penal Code. It has been submitted that the case is of the year 1992 but since the petitioner was not named in the First Information Report, he had no information of the case and, therefore, surrendered in the case only on 17.2.2009 by which time the trial of other co-accused persons had already concluded. The petitioner was thereafter released on bail by an order dated 5.1.2009 on condition that he would present himself once the record of the case was received. However, the petitioner misused privilege of bail for about four months thereafter and then was taken into custody on 23.2.2010 and since then he is in custody. Considering the same, 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. III, Ara Bhojpur, in Sessions Trial No. 162 of 93 arising out of Barhara P.S. Case No. 83 of 1992 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioner who will give an 2 affidavit giving genealogy as to how he is related with the petitioner and the other shall be the wife of the petitioner. The bailor will undertake to furnish information to the court about any change in 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 conclude the case within a period of nine months positively so that there is no further complication in the case. S.Ali ( Anjana Prakash, J.)