IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3218 of 2010 BIGAN MANJHI, S/O SAHBIR MANJHI Versus STATE OF BIHAR **** /3/ 04.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Section 395 of the Indian Penal Code. 3. Petitioner was refused bail earlier by an order, dated 13.08.2009, passed in Cr. Misc. No. 18211 of 2009 stating therein that it was being rejected at that stage. The petitioner has renewed his prayer for bail mainly on the ground that he is in custody since 18.08.2007 and there is no progress in the trial, under the circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Session’s Trial No. 205 of 2009 arising out of Wazirganj P.S. Case No. 28 of 2007 to the satisfaction of the Additional District Judge, III, Gaya, on 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, (ii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is 2 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 and (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. S.A. (Anjana Prakash, J.)