IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13399 of 2011 Nimi Nat @ Navi Nat son of late Birichha Nat Versus The State Of Bihar ----------- 3. 25.7.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/s.395 of the Indian Penal Code. The petitioner was refused bail by an order dated 30.8.2010 vide Cr.Misc.No.17293 of 2010 and the prayer for bail has been renewed on the ground that he is in custody since 13.1.2010. A report was called for from the Trial Court about the age of the petitioner and the stage of the trial, which had reported stating therein that out of nine witnesses only three witnesses have been examined and two witnesses have already died during the pendency of the trial. He stated that the petitioner appeared to be about 68 years of age. Considering the age of the petitioner as also that he has no criminal antecedents, 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, Bhojpur at Ara in connection with Sessions Trial No.296 of 2010 arising out of Koilwar P.S. case No.22 of 1990, subject to the - 2 - conditions (i) That one of the bailor shall be Najbun Devi, 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 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 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. Narendra/ ( Anjana Prakash, J. )