IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44531 of 2010 Gorakh Paswan, son of late Bhikhari Hazara, Resident of Village Ekdarhi (Ekgarhi), P.S. Gopalpur, District West Champaran. ------ Petitioner Versus The State of Bihar ---- Opp. Party ----------- 2 23.02.2011 Heard learned counsel for the petitioner and counsel for the State. The prayer for bail of the petitioner was earlier rejected by an order dated 4.11.2009 in Cr. Misc. No. 36148 of 2009 giving him liberty to renew his prayer for bail after completion of one year further judicial custody. Learned counsel for the petitioner submits that the petitioner is in custody since 9.4.2009 i.e. almost for a period of two years. From reading of the impugned order passed by the court below on 3.12.2010, it appears that the end of the trial of the petitioner is nowhere in sight, inasmuch as, the main record is being retained by another court in connection with the trial of other co-accused persons. In any event, the bail of the petitioner was rejected taking into account that he was absconding for a long 2 period of time and that the trial had to be segregated on account of the petitioner not remaining present before the trial court. Now when the petitioner has already been before the court and four witnesses out of twelve witnesses have been examined in which none of them have supported the allegations against the petitioner, this Court would direct for release of the petitioner, namely, Gorakh Paswan on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge, West Champaran, Bettiah in connection with S.Tr. No. 390 of 2009 arising out of Gopalpur P.S. Case No. 43 of 1996, subject to the following conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and his absence even for a single day would automatically entail the consequences of cancellation of his bail. 3 (iii) The petitioner in case is now made accused in any other criminal case, that would itself lead to cancellation of his bail. Subject to the aforementioned conditions, the prayer for bail of the petitioner is allowed. Rsh (Mihir Kumar Jha, J.)