North Dakota Code § 32-22-20

Habeas corpus to give bail
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Whenever a person is imprisoned or detained in custody on a criminal charge, for want of 
bail, such person is entitled to a writ of habeas corpus for the purpose of giving bail, upon 
averring that fact in such person's petition, without alleging that the person is confined illegally. 
Any judge in or out of the court in which the judge is authorized to act may take an undertaking 
of bail from any person who has been committed on a criminal charge, when brought before the 
judge on a writ of habeas corpus, as in other cases, if the offense is bailable, and file the 
undertaking in the proper court.

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