IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31115 of 2010 CHANDRADEO PASWAN, SON OF LATE YUGUL PASWAN. Versus STATE OF BIHAR . ----------- 3. 21.12.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 395,397 of the Indian Penal Code. The petitioner was refused bail by an order dated 15.9.2009 vide Cr. Misc.No. 27087 of 2009 but he has renewed his prayer for bail since there is no progress in trial, when a report is called for from the trial court it transpired that the trial has been pending on account of non-appearance of co- accused. In my opinion the trial court should not have delayed the trial for non appearance of an accused and should have taken effective steps to either secure his attendance or for proceeding with the trial in presence of the counsel to the accused. It has been submitted that the petitioner is named only in the confessional statement of the co-accused but neither is 2 there any recovery from his position nor he has been identified in the test identification parade, which is subject to verification by the trial court. Only if the aforesaid submissions are found to be correct that the petitioner be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand)with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of 1st Additional Sessions judge, Muzaffarpur in connection with Motipur P.S.Case No. 178 of 2007 subject to the conditions (i) one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and the other bailor shall be the wife of the petitioner. The bailor will undertake to furnish information to the court about any change in address of the petitioner(ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail,(iii) that the bailor shall also state on affidavit that he will inform the court 3 concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse(iv)that the petitioner will be will represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Devendra/ (Anjana Prakash, J.)