IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24776 of 2009 LALAN PRASAD SINGH, S/O Late Jagarnath Singh, resident of village- Anjan, P.S. Madanpur, District- Aurangabad(Bihar) …… Petitioner Versus THE STATE OF BIHAR ….. Opp.Party ----------- 2. 07/09/2009 Heard learned counsel for the petitioner and learned counsel for the State. This application has been filed by the petitioner under section 389(2) of the Code of Criminal Procedure. It appears that the petitioner has been convicted by the trial court under section 409 of the Indian Penal Code and has been sentenced to undergo simple Imprisonment for three years and to pay a fine of Rs.2000/-. In default, he has been directed to undergo further simple imprisonment for six months. Petitioner filed an appeal against the said order of conviction and sentence which is pending before the learned lower appellate court. Petitioner filed a petition before the learned lower appellate court under section 389(1) of the Code of Criminal Procedure for his release on bail which has been rejected by the learned lower appellate court by order dated 3.6.2009 primarily on the ground that the - 2 - petitioner’s bail application was earlier rejected by this Court during the pendency of the trial. Learned counsel for the petitioner submits that the total sentence awarded by the trial court is three years, out of which petitioner has already remained in jail for 22 months. He also submits that out of Rs.36,000/- the alleged defalcated money, petitioner has already deposited Rs.30,000/- in court. Considering the fact that the petitioner has remained in jail for substantial part of his sentence awarded by the learned trial court, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II, Aurangabad in Madanpur P.S.Case No.121 of 2003, G.R.No.1971 of 2003, Trial No.1133 of 2008 (Cr.Appeal No.20/09/198/09). Pradeep/ (J. N. Singh, J.)