IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5047 of 2011 UMESH NUT S/O LATE SAKAL NUT R/O VILLAGE- MATIYARIYA, P.S.- KALYA NEPAL, DISTRICT- KALYA NEPAL Versus THE STATE OF BIHAR ----------- 2. 23.02.2011 Heard the parties. The order of the learned Trial Judge on the renewal prayer made before him in Sessions Trial No. 236/2008 is not encouraging. This court did not grant bail to the petitioner. But what further transpires from that order is that in spite of being in custody since 23.10.2007, the petitioner is languishing without any development in the trial position as the other three accused, who are on bail, have jumped the privilege. One does not know as to how long it shall take in bringing those particular accused to justice by arresting and producing them before the Trial Court or on account of good sense, which may prevail upon them they may surrender themselves before the court below. Considering the above situations the court is inclined to direct release of the above named petitioner on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned 3rd Additional Sessions Judge, East Champaran at Motihari in connection with Ghorasahan P.S. Case No. 132/07, subject to the following conditions:- (i) That the bailors of the petitioner shall be very closely related to the petitioner who will produce their identity proofs before the court below to its satisfaction, (ii) That the petitioner shall remain physically present on all dates before the court below, so that the court below does not have to seek his appearance for any future purposes like framing of charge, and recording of evidence, (iii) Any attempt by the petitioner to allure or frighten the witnesses could be sufficient for the court below to assume that this order had not been passed by this court and to commit him to custody after cancelling the bond, (iv) That the petitioner’s appearance in the court below would not be condoned by allowing him any representation unless some good reasons are shown to the satisfaction of the court below. B.Kr./ Fahad. ( Dharnidhar Jha, J. )