N.D. Cent. Code § 32-22-20: Habeas corpus to give bail

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.