IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36155 of 2009 Surendra Prasad, S/o Late Ramji Prasad, Resident of Vill.- Dhamauli, P.S.- Islamur, Distt.- Nalanda. --------- Petitioner Versus The State of Bihar -------- Opp. Party ----------- 2 5.11.2009 Heard counsel for the petitioner and counsel for the State. The petitioner is in custody since 5.12.2005 in connection with an offence under Section 302 and other provisions of the Indian Penal Code. His prayer for bail has been rejected twice by this Court by orders dated 24.5.2007 in Cr. Misc. No. 23049 of 2007 and order dated 29.4.2008 in Cr. Misc. No. 13928 of 2008. Learned counsel for the petitioner, however, would submit that by the aforesaid orders not only the bail of the petitioner but two other co-accused persons, having exactly similar and identical allegation, namely, Shailesh Prasad and Guddu Kumar was rejected with a direction to the trial court to expedite the trial but this Court subsequently on having moved by those two co-accused and having noted that the trial had not at all commenced and not even a single witness had been examined by prosecution, had directed for their release on bail by an order dated 27.7.2009 in Cr. Misc. No. 5051 of 2009 and another order dated 16.9.2009 in Cr. Misc. No. 33099 of 2009 and as such, the petitioner also deserves to be enlarged on bail. Thus, taking into account the aforesaid subsequent event as also for maintaining parity in the orders passed by this Court, this Court would direct for release of the petitioner, namely, Surendra 2 Prasad on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Hilsa (Nalanda) in connection with Islampur P.S. Case No. 98 of 2005 (S.T. No. 236 of 2007). It is, however, made clear that the petitioner must remain personally present on each and every date of the trial and his absence even on one date without any justified reason will lead to automatic cancellation of his present bail. It is also made clear that one of the bailors must be either of the parents or the son or the wife of the petitioner. Rsh (Mihir Kumar Jha, J.)