IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23988 of 2011 1. Narad Mandal, S/o Late Bhola Mandal 2. Mangal Mandal, S/o Late Fulchand Mandal. Versus The State of Bihar ----------- 02. 26.07.2011 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 341, 323, 307 and 504/34 of the Indian Penal Code and Section 3/4 of Witch Craft Act. The petitioners were refused bail by order dated 01.04.2010 vide Cr.Misc. No. 10353 of 2010 since there was an allegation against him and other co-accused persons of having assaulted the deceased and also because the trial was in progress. The prayer for bail has been renewed on the ground that till date the case is pending for the evidence of the Doctor who despite efforts has not been produced by the prosecution. On going through the impugned order, I find that nine private witnesses have been examined and even though the Doctor has been noticed he has not been examined since the post-mortem examination report was not available on record. Considering that the delay in trial is not attributable to the petitioners, let the petitioners, above 2 named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Additional Sessions Judge-IV, Bhagalpur in connection with S.Tr. No. 458/2009 arising out of Akbarpur P.S. Case No. 101 of 2008 subject to the following conditions:- (i) 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 and the other bailor shall be the brother of the petitioners namely Jai Prakash Mandal. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners shall be personally present on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)