IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20182 of 2011 Moien @ Hatta Mian @ Munna, S/O-Md. Zamil Versus The State Of Bihar ----------- 02 15.07.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is languishing in jail custody since 09.07.2005 in a case registered under Sections 395 and 397 of the Indian Penal Code. Petitioner is named in the first information report but contention of learned counsel for the petitioner is that petitioner is resident of district-Madhepura whereas informant is resident of district-Araria but it is surprising enough that the informant has named the petitioner before the police with the parentage of the petitioner. It is further contended by him that several co-accused persons have already been granted privilege of bail by the learned court below itself. It is further contended by him that up-till-now the trial of the petitioner has not been concluded and not a single prosecution witness has been examined. Although, it appears from perusal of the impugned order that petitioner carries criminal antecedent but taking into consideration the period of detention of the petitioner in jail custody as well as this aspect of the matter that some co-accused persons have already been granted bail, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast 2 Track Court-I, Araria in connection with Bhargama P.S. Case No. 11 of 2002 corresponding to Sessions Trial No. 162 of 2011/Trial No. 06 of 2011 subject to condition that one of the sureties must be close relative of the petitioner and furthermore, petitioner shall attend the trial court on each and every date physically for the period of nine months and if he fails to do so on three consecutive dates without any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. SHAHZAD ( Hemant Kumar Srivastava, J.)