IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23501 of 2009 Anil Paswan, Son of Sri Nande Paswan, Resident of Village Lagama, P.S. Ghanshyanpur, Distt. Darbhanga. --------- Petitioner Versus The State of Bihar ----- Opp. Party ----------- 4 16.10.2009 Heard counsel for the petitioner and counsel for the State. Considering the fact that the petitioner had happily absconded for a period of four years and ultimately nabbed in the year 2009 in relation to the prosecution of the year, 2002 and the charges till date could not be framed only on account of the absence of the petitioner as is clearly recorded in the observations made by the learned sessions judge, this Court would direct for release of the petitioner on bail only after framing of the charge and also by obtaining an undertaking that the absence of the petitioner for two consecutive dates during the trial shall automatically entail the consequence of cancellation of the bail of the petitioner. In view of the fact that the case has already been committed to the court of sessions, the trial court must frame charge if all the accused persons remain present 2 immediately and preferably within a period of one month from the date of receipt/production of a copy of this order. With the aforementioned observations and direction, the prayer for bail of the petitioner, namely, Anil Paswan is allowed and is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of District & Sessions Judge, Darbhanga in connection with Ghanshyampur P.S. Case No. 63 of 2005 (S.T. No. 227 of 2009) only after framing of the charge. Rsh (Mihir Kumar Jha, J.)