IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15054 of 2009 1. DHUMAN RAI SON OF ACHHELAL RAI, RESIDENT OF VILLAGE DHARAHARAWA, P.S. CHIRAIYA, DISTRICT EAST CHAMPARAN 2. BABULAL RAI ALIAS BHOLA RAI ALIAS KIRIT PASWAN SON OF HARI NARAYAN RAM, RESIDENT OF VILLAGE HARI NAGAR, P.S. RAM NAGAR, DISTRICT WEST CHAMPARAN …… PETITIONERS Versus STATE OF BIHAR ----------- 3. 5.10.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 395 of the Indian Penal Code. Taking into consideration the observation made in Cr.Misc.No.10684 of 2008 and 12852 of 2008 vide order dated 8.5.2008 wherein liberty was granted to the petitioners to renew their prayer for bail after nine months, let the petitioners above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Motihari, East Champaran in connection with Chiraiya P.S.case No.89 of 2006 Trial No.689 of 2009, subject to the condition that one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. It is unfortunate that the trial court in its wisdom has stayed the trial of the case even though no stay order has been passed by this court - 2 - thereby causing the trial to be indefinitely postponed. The petitioners are also directed to be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled for the reasons of misuse of bail. Narendra/ ( Anjana Prakash, J. )