IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21657 of 2011 C.K. Dubey @ Chakreshwar Dubey, son of Late Ram Bachan Dubey Versus The State Of Bihar ---------------------------------- 3. 28.09.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail by an order dated 16.11.2010 passed in Cr. Misc. 21841 of 2010. The prayer for bail has been renewed on the ground of age of the petitioner as also that there is no sufficient progress in trial. A report was called for from the Trial Court which has reported that as per the voter identity card, the petitioner is about 77-78 years of age and from his physical appearance, he also appears to be of such age. As for the progress in trial, it appears that only four charge sheeted witnesses have been examined and the trial is likely to be further delayed. Considering the same as also that the petitioner has fair antecedent, 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 Additional Sessions Judge, Vth, Rohtas at Sasaram, in connection with Sessions Trial No. 82 of 2011 arising out of Sasaram (M) P.S. Case No. 989 of 2009, subject to the following conditions: (i) 2 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 shall be the son of 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 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. S.Ali ( Anjana Prakash, J.)