IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43912 of 2008 RAMAKANT MAHTO @ MACHHAD son of Late Shiv Mahto, Resident of village- Dhanakhoh, P.S. Ghoshwari, District- Patna. ------- Petitioner Versus THE STATE OF BIHAR ------- Opposite Party. ----------- 4 21.1.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner’s bail application under Sections 302/34 of the Indian Penal Code has been rejected twice earlier. While rejecting the bail application, this Court has given a direction to the Investigating Officer to take steps for getting the S.I. examined. According to the report of the Additional Sessions Judge, Ist, Barh, steps were taken by the Additional Sessions Judge, Ist, Barh to secure the attendance of I.O. Learned counsel for the petitioner submits that on last day i.e. on 5.1.2009 the I.O. in the case did not appear. The main contention of the learned counsel for the petitioner is that the petitioner has remained in custody for five years and even after rejection of his bail in September 2007, the case is still pending for 2 examination of the I.O. At the time of hearing of the bail application the status of the case was the same i.e. it was pending for examination. Considering the long period of custody, petitioner Ramakant Mahto @ Machhad is directed to be released on bail in connection with Sessions Trial No. 771 of 2004 arising out of Ghoshwari P.S. Case No. 81 of 2003 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Ist Additional Sessions Judge, Barh, Patna with a condition that he should be present on each and every date during the trial in this case and if he absents even for a single date without reasonable cause, his bail bond shall stand cancelled. Sanjay (Sheema Ali Khan, J.)