IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52157 of 2008 SATYENDRA PRASAD, S/o Brij Nandan Prasad @ Vijendra Mahto, Resident of village – Kutlupur, P.S. – Silao, District - Nalanda Versus THE STATE OF BIHAR ----------- 2. 28.01.2009 Heard Sri Amar Nath Singh, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. In a case under Section 302 of the IPC the petitioner absented on 15.3.2004 resulting in cancellation of his bond. His continued absence resulted in non- commitment of the case to the Court of Sessions and depositing the record in the Record Room after issuance of permanent warrant of arrest. Considering the above facts, I am not inclined to direct the release of the petitioner on bail. The petition is dismissed. However, in case the court below has not been able to commit the case to the Court of Sessions, it could do it by 15th of February, 2009 and as soon as the charges are framed, the trial court shall ensure the petitioner’s release on bail on furnishing a bond to its appropriate satisfaction. DKS/ (Dharnidhar Jha, J.)