IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33912 of 2010 Raj Kumar Singh, Son of Badri Singh, resident of Village-Asogi, P.S. Bairgania, District-Sitamarhi -------------Petitioner Versus THE STATE OF BIHAR ----------- 03 04-03-2011 Heard Sri Bashishtha Narayan Mishra, learned counsel who was assisted by Sri Sachida Nand Rai, learned counsel for the petitioner and Smt. Indu Bala Pandey, learned Addl.Public Prosecutor. The petitioner , who is in custody in Sessions Trial No.273 of 2009 arising out of Raxaul G.R.P. P.S. Case No.2 of 2009 for the offence under Sections 395 and 397 of the Indian Penal Code, has prayed for grant of bail. In this case earlier a report was called for regarding the stage of the trial and antecedent of the petitioner. It appears that the trial Judge has sent letter to the concerned Superintendent of Police regarding the antecedent, but antecedent report of the petitioner is not available on record. Learned counsel for the petitioner submits that in para- 13 of the petition itself, it has been stated that the petitioner is accused in other two cases also, in which he is on bail. From the report of the court below, it appears that charge was framed in the year 2009 and the case has been fixed for evidence, but till date not even single witness has been produced by the prosecution. The report further indicates that summon and bailable warrant were also issued for securing attendance of the witnesses. 2 In view of the fact and circumstances of the case, the Court is of the opinion that no purpose would be served in keeping the petitioner inside the jail. Let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, West Champaran, Bettiah in connection with Sessions Trial No.273 of 2009 arising out of Raxaul G.R.P. P.S.Case No.2 of 2009. NKS/- ( Rakesh Kumar,J.)