IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9366 of 2011 Anil Sah, S/o Shivnath Sah. Versus The State of Bihar ----------- 03. 25.07.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 376 of the Indian Penal Code. The petitioner was refused bail by order dated 02.04.2010 vide Cr.Misc. No. 10264 of 2010 but has renewed his prayer for bail on the ground that he is in custody since 08.02.2010 and there is no progress in trial. A report was called for from the Trial Court which reports that despite all efforts no witness has come to depose in trial. 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 as fixed by the Court to the satisfaction of 5th ADJ, Muzaffarpur in connection with S.Tr. No. 349/10 arising out of Saraiyan P.S. Case No. 269 of 2009 subject to the following 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 also 2 undertake to inform the Court if there is 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 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. The Trial Court is directed to send a list of witnesses fixing specific dates along with the copy of this order to the S.P. Muzaffarpur who is directed to ensure the attendance of the witnesses on the date so fixed by the Trial Court. From henceforth the Trial Court is advised to issue summons, bailable warrants and non-bailable warrants all at the first instance to all the witnesses fixing specific dates so that there is no delay in the trial. Vikash/- (Anjana Prakash, J.)