IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39431 of 2009 ISRAIL ANSARI SON OF JAMIL ANSARI Versus THE STATE OF BIHAR ----------- 3. 9.12.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 368, 323, 325 of the Indian Penal Code and 25(1-b), 26, 35 of the Arms Act. Earlier the petitioner’s prayer for bail had been refused by this court by an order dated 21.2.2007 passed in Cr.Misc.No.5311 of 2007. Taking into consideration the fact that even though initially the petitioner is said to have been arrested with the kidnapped boy but later on during trial several witnesses were examined and all turned hostile and till now the victim has not been examined because he is a resident of Nepal and despite best efforts by the trial court he has not been produced by the prosecuting agency, let the petitioner above named, who is in custody since 26.12.2005, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of 3rd Additional Sessions Judge, Motihari, East Champaran in S.Tr.No.637 of 2006, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner and (ii) that the petitioner will be well - 2 - represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )