IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36494 of 2010 AWANISH KUMAR SINGH SON OF RUDAL SINGH Versus STATE OF BIHAR ----------- 2 06.10.2010 Heard learned counsel for the petitioner and the State. Petitioner has renewed his prayer for grant of bail in view of the liberty so granted to him by order dated 13.7.2009 passed on Cr. Misc. no. 14620 of 2009 (Annexure-1). On expiry of the period fixed under order dated 13.7.2009, petitioner applied for bail in the Court below which was considered and rejected by order dated 26.6.2010. Learned counsel for the petitioner submits that the order dated 26.6.2010 would reflect that charges were framed way back on 1.10.2009 and summons were issued but no prosecution witness has turned up for examination. Petitioner seems to be in custody since 22.10.2008. It is submitted that the offences lodged against the petitioners are triable by Magistrate. Having regard to the aforesaid submissions made on behalf of the petitioner and after going through the materials on record, this Court is satisfied that the petitioner should be released on bail. Consequently, the petitioner above named 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 Sri Jitesh Kumar, Judicial Magistrate, 1st Class,, Motihari, East Champaran in connection with Chhatuni P.S. case 2 no. 144 of 2005 subject to the following conditions: (i) One of the bailers will be own/close family member of the petitioner. (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. )