IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30029 of 2008 MD.ASFAQUE @ ASFAQUE AHMAD Versus THE STATE OF BIHAR ----------- 02/ 08.08.2008 Heard. The case is misuse of privilege of bail since 19th of June, 2001 on which date the bail bond of the petitioner was cancelled and warrant of arrest was issued against him. The contention is that the Sessions trial is of 1992 and the petitioner remained in attendance till before date his bail bond was cancelled. It is contended that for nine years the court below could not dispose of the trial and the petitioner being a poor fellow had go out to earn his livelihood and thereafter, he lost the track of the case. It is true that it was an older case and it could also be true that the petitioner might have contributed by his absence in the pendency of the matter, but the court could also be responsible for not performing its duty and disposing of the trial even after nine years of getting the trial on his own file. Let, in the above circumstances, petitioner Md. Asfaque @ Asfaque Ahmad be released from custody on - 2 - furnishing a bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court No. V, Purnea in connection with Supplementary Sessions Trial No. 361 of 1992 subject to the conditions that the petitioner shall remain physically present on all dates and the court below shall ensure that the trial has to be concluded in one and half years at any rate and by all means. DKS/ (Dharnidhar Jha, J)