IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9838 of 2011 Kishun Gond @ Bishun Gond, S/o Ramchandra Gond. Versus The State of Bihar ----------- 03. 26.07.2011 Learned counsel for the petitioner is permitted to make correction in the prayer portion of the application. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code. The petitioner was refused bail by order dated 20.04.2010 since he was arrested while he was attempting to flee away after dacoity but the prayer for bail has been renewed on the ground that there is no sufficient progress in trial. A report was called for from the Trial Court which reveals that there are fifteen witnesses named in the charge-sheet and despite summons issued to them none of them had appeared. It has been submitted that the petitioner has no criminal antecedent. 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 3rd Additional District and Sessions 2 Judge, Bagaha, West Champaran in connection with S.Tr. No. 389/2010 arising out of Bagaha P.S. Case No. 181 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 and the other bailor shall be the cousin brother of the petitioner namely Umehs Gond. The bailor will also 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. Vikash/- (Anjana Prakash, J.)