IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26018 of 2011 Nagina Singh, S/O Late Deonandan Singh, Resident of Village-Sekhauna, P.S.-Phenhara, District-East Champaran. ……Petitioner. Versus The State of Bihar .. ..Opposite Party. ----------- 2. 18.08.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 14.11.2007 in a case registered under Sections 302/201/120(b) of the Indian Penal Code. Annexure -1 to this petition reveals that petitioner was granted bail by this Court on 28.02.2003 in Criminal Misc. no. 30754/2002 but his bail bond was cancelled on 03.06.2005 by the learned Court below as he could not appear before trial Court. Subsequently, petitioner was remanded by the trial Court on 14.11.2007 and since then is languishing in jail custody. It would appear from perusal of the impugned order that the learned 6th Additional Sessions Judge, East Champaran, Motihari rejected the bail petition of the petitioner only on the ground that petitioner had given threatening to the informant and witnesses through phone and directly. It is informed on behalf of the petitioner that no petition in respect of the above stated fact was filed either by informant or his witnesses before the trial Court and only an oral argument in respect of the aforesaid fact was made before the trial Court at the time of consideration of bail petition of the 2 petitioner. It is obvious from perusal of the impugned order that charge against the petitioner was framed on 21.11.2003 and from the date of framing of the charge he attended the trial Court till 30.06.2005 on which date his bail bond was cancelled. The learned Additional Sessions Judge completely overlooked the aforesaid fact and also overlooked this fact that petitioner had sufficiently been punished by remaining in jail custody since 14.11.2007. It appears to me that the learned 6th Additional Sessions Judge, East Champaran at Motihari completely failed to apply his judicial mind while passing the impugned order. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of 6th Addl. Sessions Judge, East Champaran at Motihari in connection with Sessions Trial No. 253/2003 arising out of Phenara P.S. Case No. 08/2001. Kamlesh (Hemant Kumar Srivastava, J.)