IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43259 of 2010 RAM KUMAR YADAV SON OF RADHE SHYAM YADAV @ MAHESH YADAV Versus THE STATE OF BIHAR 3 02.02.2011 Heard both sides. This is repeat application seeking bail in a case instituted under Section 392, 411 of Indian Penal Code in view of the liberty so granted to him on his previous bail application which was disposed of by order dated 7.9.2009 (Annexure-1) The concluding portion of order dated 7.9.2009 reads as follows: “It is next contended that he is in custody since 01.02.2009. In that view of the matter, this court observes that if the trial of the case is not taken up within 10 months from the date of receipt/communication of a copy of this order in the court below, petitioner shall have liberty to renew prayer for bail.” A status report was called for from the Trial Court which is placed at Flag-X. It appears therefrom that although charges were framed on 8.10.2009 but till the date of submission of the report, the prosecution has failed to produce any evidence. Learned counsel for the petitioner submits that he is in custody since 1.2.2009 and does not carry any criminal antecedent/history which has been averred in paragraph 14. Having regard to the submissions advanced on behalf of the parties and after going through the materials on record, this Court directs for release of the petitioner on bail on - 2 - furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Samastipur in connection with Samastipur P.S. case no. 60/09 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 date fixed at the trial. 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. )