IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36148 of 2010 Rajeshwar Yadav S/o Parmeshwar Yadav Versus State Of Bihar ----------- 6. 24.8.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364 and 379/34 of the Indian Penal Code. The petitioner was refused bail by an order dated 5.10.2009 with the direction to the Trial Court to expedite the trial. The prayer for bail by the petitioner has been renewed on the ground of delay as also the physical condition of the petitioner. A report was called for from the Trial Court, which has been received and it reveals that charge was framed on 16.5.2009 and not a single witness has been examined by the prosecution out of the twelve witnesses cited in the charge sheet. Further with regard to the medical condition of the petitioner, it has been reported that the petitioner suffered from CVA (TIA) and paralysis on account of high blood pressure. Considering the aforesaid, 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 - 2 - concerned to the satisfaction of learned 6th Additional Sessions Judge, Gaya in connection with Sessions Trial No.284 of 2009 arising out of Nimchak Bathani P.S. Case No.8 of 2005, subject to the conditions (i) That one of the bailor shall be the wife 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 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, (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 if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Before releasing the petitioner on bail the Trial Court will verify that the petitioner is an accused in only two other cases as also will confirm that the petitioner is - 3 - physically unwell which would entitle him to bail and only then release him on bail on the conditions mentioned above. Narendra/ ( Anjana Prakash, J. )