IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49252 of 2008 MD. SADRUDDIN @ SUDHIR @ MD. SADRUDDIN, S/ o Md. Gohar Ali @ Gehar Ali, Resident of village – Chhapaan, P.S. – Bhawanipur, District – Purnea. Versus THE STATE OF BIHAR ----------- 3. 04.02.2009 Heard Sri Raj Kumar, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The petitioner was admitted to bail under Section 167(2) Cr. P.C. and on submission of the charge sheet issuance of summons and other instruments forcing the appearance of the petitioner. The petitioner did not appear before the court below. It took the petitioner some five years and nine months to appear before the court to be arrested and he is in custody since 26.3.2008. The contention is that the charges have not even been framed and one does not know as to when the trial is to be concluded. The petitioner had given an undertaking that he remain present in the court below. Regard being had to the facts and circumstances of the case and undertaking of the petitioner, let petitioner Md. Sadruddin @ Sudhir @ Md. Sadruddin be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) - 2 - with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C. V, Purnea in connection with Sessions Trial No. 727 of 2008 arising out of Rupauli P.S. Case No. 116 of 1999. DKS/ (Dharnidhar Jha, J.)