IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31379 of 2009 SANJAY RAJBANSI, Son of Jagdish Rajbansi, Resident of Village-Karoo Bigha, P.S.-Neemchak Bathani, District-Gaya. Versus THE STATE OF BIHAR ----------- 02. 15.09.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 364/34 of the Indian Penal Code. Taking into consideration the fact that there is no specific overt act against the petitioner and is only said to be a member of a militant group as also the fact that co-accused similarly placed has been granted bail by this Hon’ble High Court vide Annexure-2 and even though the trial has already begun and charge was framed on 02.04.2007 but only one witness has been examined till date, let the petitioner above named who is in custody since 19.09.2006 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 5th Additional Sessions Judge, Gaya (Trial Court) in - 2 - connection with Neemchak Bathani P.S. Case No. 10 of 2004 (S.Tr. No. 172 of 2009) on the condition 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. Since the trial has already begun, the petitioner is directed to be well represented on each date and if he fails to do so on two consecutive dates without reasonable cause his bail bond will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)