IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35523 of 2009 UDAY GIRI Versus THE STATE OF BIHAR ----------- 2 5.11.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner was granted bail by the High Court earlier in the year, 1995 but now he is in custody since 23.7.2009 because due to non attendance of the court his bail bond was cancelled on 18.6.2004. Allegation against the petitioner is under section 376 of the Indian Penal Code and the case is Gardanibagh (Shastri Nagar) P.S. Case No. 533 of 1993. Submission of learned counsel for the petitioner is that it will also borne out from the order sheet that the petitioner regularly attended the court but no witness turned up for almost ten years. He further submits that the petitioner went out side the State for his livelihood leaving the responsibility of Pairvi in the case on his counsel. But obviously there is something amiss since his bail came to be cancelled in the year, 2004. Petitioner submits that he will not commit act of indiscretion again and he will cooperate in the trial, if he is enlarged on bail. Keeping the fact that the trial is dragged out for many a years and has not reached the finality and that it could have the reason to commit indiscretion act for which he has suffered. In view of the above let the petitioner, namely, - 2 - Uday Giri be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, FTC-I, Patna in connection with Sessions Trial No. 477 of 1994 arising out of Gardanibagh (Shastri Nagar) P.S. Case No. 533 of 1993. One of the sureties will be executed by Vakil Chandra Giri who is stated to be Samdhi of the petitioner and sworn affidavit in this case on due identification by the court below. It is further recorded that the petitioner shall cooperate in the trial of the case by appearing on each and every date fixed in the case either by himself or through his counsel and he shall not abscond. Any breach of the conditions may disentitle him from the privilege of bail. RPS (Ajay Kumar Tripathi,J.)