IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29499 of 2011 Bablu Singh @ Dudhpiba, son of Sri Bishnudeo Prasad Singh Versus The State Of Bihar ---------------------------------- 3. 24.11.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail by an order dated 18.3.2011 passed in Cr. Misc. 6397 of 2011 since one witness has stated the name of the petitioner of having participated in the robbery. The said Vijay Ray has not been cited as a charge sheet witness which fact is confirmed by the Trial Court. The petitioner has renewed his prayer for bail on the ground of undue delay in trial as also that four witnesses have been examined during trial have specifically over ruled the participation of the petitioner in the crime 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 to be fixed by the court concerned to the satisfaction of Sessions Judge, Samastipur, in connection with Dalsinghsarai P.S. Case No. 09 of 2005 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. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the bailor shall 2 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. (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. The Trial Court will consider the examination of Vijay Ray during trial in the interest of justice as provided under Section 311 Cr. P.C. It has been submitted that the petitioner was an accused in about 7-8 cases but in all of them he has been acquitted and there is only one other case pending presently against him besides the present one. This fact shall be verified by the Trial Court before releasing the petitioner on bail. S.Ali ( Anjana Prakash, J.)