IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5884 of 2010 SANTOSH KUMAR @ SANTOSH MAHTO Versus STATE OF BIHAR ----------- 3 21.04.2010 Heard learned counsel for the petitioner. No body appears on behalf of the State. In view of the liberty granted to him by order dated 13.8.2009 (Annexure-1), petitioner has renewed prayer for bail. Order placed at Annexure-1 would show that the petitioner is not the assailant. Status report was called for which is placed on record marked Flag-A. It appears therefrom that although charges were framed on 15.6.2009 but the matter has thereafter not progressed as no prosecution witness in spite of service of notice, as well as issuance of non-bailable warrant of arrest has appeared. Taking into consideration the submissions that petitioner is not assailant as well as the fact that he is in custody since 22.1.2009, he (Santosh Kumar @ Santosh Mahto) is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-F.T.C.-II, Nalanda at Biharsharif in connection with S.T. no. 338 of 2009/612 of 2009 (arising out of Sarmera P.S. case no. 74 of 2001) subject to the following conditions: (i) One of the bailers will be own/close family member of the petitioner. 2 (ii) The petitioner shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the bail bond of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with law. pkj ( Kishore K. Mandal, J. )