IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31339 of 2010 1. SINGHASAN MUSHAR S/O PRASAD MUSHAR 2. PAPPU MUSHAR S/O SINGHASAN MUSHAR Versus STATE OF BIHAR ----------- 3. 16.11.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 395 of the Indian Penal Code. The petitioners’ prayer for bail was rejected by an order dated 20.11.2009 vide Cr.Misc. No. 25381 of 2009 but they have renewed their prayer for bail on account of the fact that they are in custody since 26.1.2009 having been no criminal antecedents and there is no satisfactory progress in trial. The report from the Trial Court was called for, which reveals that only one witness has been examined till now and other witnesses are turning up on behalf of the prosecution. 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 2 court concerned to the satisfaction of learned Additional Sessions Judge, (F.T.C.No. 5) Rohtas at Sasaram in connection with Karghar P.S. Case No. 02/09, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and the other bailor shall be the wife/mother/brother of the petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J. )