IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3457 of 2011 Md. Sadre Alam, S/o Late Abdul Rahim. Versus The State of Bihar ----------- 03. 20.07.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 372 of the Indian Penal Code. The petitioner was refused bail by order dated 09.04.2010 vide Cr.Misc. No. 7192 of 2010 considering the nature of allegations against him. He has renewed his prayer for bail on the ground that he is in custody since 06.09.2009 and there is absolutely no progress in trial. An explanation was called for from the Trial Court about the delay and the Trial Court reported that the prosecuting agency is not taking any interest in the matter since the informant is of Sitamarhi and victim is of Siliguri. Considering the likelihood of the trial being unnecessarily delayed, let the petitioner, above named who has no criminal antecedent 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 1st Additional Sessions Judge, Samastipur in connection with S.Tr. No. 209 of 2010 (arising out of Darghanga (Sitamarhi) GRP 2 P.S. Case No. 61/2009) 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 brother-in-law of the petitioner namely Md. Rizwan. 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.)