IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40570 of 2008 NARESH PRASAD Versus STATE OF BIHAR ----------- 2. 22.10.2008 Heard Mr. Pankaj Kumar Das, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The case is of misuse of privilege of bail by absenting himself from the trial of Hilsa P.S. case no.317 of 1999. Learned Judge, who dismissed the prayer for bail of the petitioner, has noticed that inspite of charges being framed on 28.3.2001 no witness was examined till 10.7.2002 when the petitioner’s bond was cancelled on account of his absence, but appears missing the travesty underlying therein that if a court could not examine a witness for a period more than of two years from the date of framing of charges, how long an accused could be attending proceedings specially when it could be a case under section 420 and 294A of the Indian Penal Code initiated by the State. It appears a bit harsh that the learned Addl. Sessions Judge dismissed the prayer so that the petitioner has to approach this Court. Let petitioner, namely, Naresh Prasad, be released on bail on furnishing personal recognition bond of Rs.100/-(One hundred only) without any surety to the satisfaction of Sri R. K. Pandey, Judicial Magistrate, Ist Class, Hilsa, Nalanda, in connection with Hilsa P.S. case no.317 of 1999. The case being of the year 1999 and charges framed in the year 2001, learned Magistrate shall dispose of the case in a period of two years or else submit an - 2 - explanation to the Court. sudip ( Dharnidhar Jha,J )