IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49648 of 2008 DILIP CHAUDHARY Versus STATE OF BIHAR ----------- 2. 5.1.2009 Heard Sri Hari Kishore Thakur, Advocate for the petitioner and the learned A.P.P. for the State. The petitioner, Dilip Chaudhary, is in custody since 25.5.2008 in Sessions Trial No.593 of 2000 arising out of Mithanpura P.S.Case No.79 of 1997. The petitioner’s absence on 22nd July, 2005 resulted in the cancellation of his bond and his further absence from the proceedings was reason for his arrest and production before the court below. The learned Judge who refused the prayer for bail appears completely ignoring some of the realities of the record and refusing the prayer for bail. That ignorance of Judge included counting the appearance of the witnesses on days on which the record could have been posted for appearance of accused persons as a circumstance against the petitioner for non-examination of the witnesses. This could be the mechanical manner in which a Judge could be acting. Under the facts and circumstances as indicated above, let the above named petitioner be released from custody on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of 9th Additional Sessions Judge, Muzaffarpur in the above noted cases. B.Kr. ( Dharnidhar Jha, J. )