IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38121 of 2011 Jai Ram Yadav son of late Chando Yadav, resident of village- Rampur Bigha, P.S. Bind, District- Nalanda …Petitioner Versus The State Of Bihar …OP ---------------------------------- 2/ 02.12.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act. It has been submitted that the petitioner was granted bail in the year 2000, but since he did not appear on the date of charge his bail was cancelled. The reason for his abscondence is that his brother had been murdered by the prosecution party and he out of fear left his home. 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 or any other surety to be fixed by the court below to the satisfaction of the 4th Additional Sessions Judge, Nalanda at Biharsharif, in connection with Sessions Trial No.217 of 2000 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 and another bailor shall be Dharmvir Yadav, nephew of 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 is not an accused in any other case and, if he is, he shall 2 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, (iv) That the petitioner shall be physically present on each date and if he fails to do so on two consecutive dates, his bail shall stand automatically cancelled. The Trial Court is directed to conclude the trial within a period of nine months for which he is directed to send a list of the witnesses fixing specific dates for their examination along with a copy of this order to the Superintendent of Police, Nalanda, who is directed to ensure the attendance of the witnesses on the date fixed so that there is no further delay in the trial. JA/- (Anjana Prakash,J.)