IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10340 of 2011 Upendra Sah son of Late Dhaneshwar Sah Versus The State Of Bihar ----------- 3/ 25.07.2011 Heard learned counsel for the petitioner and the State. By order dated 01.10.2010 vide Cr. Misc. No.30885 of 2010, the petitioner was permitted to withdraw the application since there was observation by the Sessions Judge that he could renew his prayer for bail after six months. Prayer for bail has been renewed on the ground that the Sessions Judge, despite the said observation did not grant bail to the petitioner and there is unnecessary delay in trail which is not attributable to the petitioner. A report was called for from the Trial Court in this regard and it has also confirmed that in fact the delay is not attributable to the petitioner. Considering the nature of allegation as also that there is only one case pending against the petitioner, 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 Judicial Magistrate, Saharsa, in connection with Bakhtiarpur P.S. Case No.328 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 bailors will undertake to furnish information to the court about 2 any change in the address of the petitioner, (ii) That the bailors shall also state on affidavit that they 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, and (iii) 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. Before releasing the petitioner on bail, the court below shall verify this fact that only one case is pending against the petitioner. JA/- (Anjana Prakash,J.)