IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33093 of 2011 1. Bijdhar Yadav S/O Late Chhathru Yadav R/O Village Kasari, P.S. (Antichak) Kahalgaon,District Bhagalpur Versus 1. The State Of Bihar. --------------- 2. 12.10.2011. Learned counsel for the petitioner is permitted to correct the designation of the trial court as referred to in the prayer portion of the bail application during the course of the day. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial No.1537/651 of 2005 arising from Kahalgaon (Antichak) P.S.Case No.215 of 2005 for the offences punishable under sections 341, 323, 147, 148, 149, 448, 504, 307/34 of the Indian Penal Code and subsequently section 302 of the Indian Penal Code has been added on the set of allegations by reason of death of one of the injured. The substance of allegation against the petitioner as set out in the first information report is of attacking the son of the informant 2 by means of lathi and thus grievously injuring him. During the course of treatment the son of the informant succumbed to the injuries. This court, considering the prayer of the petitioner made in Cr.Misc.No.42142 of 2009 had rejected the same by order dated 9.12.2009 with a direction to the trial court to expedite the trial. Learned counsel for the petitioner submits that yet the trial of the case has not been concluded and that for the alleged charges, the petitioner has remained in custody since 4.8.2005. Considering the circumstances and the period of incarceration, let the petitioner Bijdhar Yadav be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge, V, Bhagalpur in connection with Sessions Trial No.1537/651 of 2005 arising from Kahalgaon (Antichak) P.S.Case No.215 of 2005, subject to the condition that the petitioner would be personally present before the trial court on each and every date fixed in the trial 3 and the failure on the part of the petitioner to present himself before the trial court on two consecutive dates fixed in the trial without reasonable explanation to the satisfaction of the trial court, would entitle the trial court to cancel his bail bonds and to take him into custody. ahk (Jyoti Saran, J.)