IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.39497 of 2010 Mithilesh Kumar Sah @ Mithilesh Sah son of late Rajendra Sah @ Rajo Sah Versus The State Of Bihar ----------- 4/ 13.07.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail by order dated 23.03.2010 vide Cr. Misc. No.2863 of 2010. The prayer for bail has been renewed on the ground that he is in custody since 31.08.2009 and there is no sufficient progress in the trial. The Trial Court report reveals that the case was committed to the court of Sessions on 10.12.2010 but not a single witness has been examined till date. Considering the same as that he has fair 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 below to the satisfaction of the Chief Judicial Magistrate, Mahdepura, in connection with Alamnagar (Rotwara) P.S. Case No.70 of 2009, 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. 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 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 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, (iv) 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. JA/- (Anjana Prakash,J.)