IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40330 of 2009 RAJU PRASAD, S/O Kameshwar Mahto, r/o Vill- Chorma, P.S. Islampur, District- Nalanda, at present resident of Village-Sheopuri, P.S. Shastri Nagar, District-Patna ----------------- Petitioner Versus STATE OF BIHAR ----------- 03 15-03-2010 Heard Mr. Rajendra Nr.Singh, learned counsel for the petitioner, and the learned A.P.P. for the State. It is the second attempt by the petitioner for renewing his prayer for bail. On merit, the prayer for bail of this petitioner was rejected on 13.4.2009 vide Cr.Misc.No.39304 of 2008. At the time, when the prayer for bail was rejected, the case was at the very initial stage. In this case a report was called for regarding the stage of the case. The report has been received, which is kept at Flag-X. It indicates that in this case charge has already been framed on 7.1.2010 and thereafter summons have been issued for securing attendance of the witnesses. In view of the changed circumstances, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of - 2 - the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna , in connection with Shastri Nagar P.S. Case No.354 of 2007 with a condition that on each and every date fixed by the court below petitioner shall remain present, failing which his bail bond shall stand automatically cancelled, provided that in special exigency the petitioner can make a prayer before the court below for prior permission for his non-appearance on a particular date and the court below may examine such prayer on its own merit. With the above observation and direction, the bail petition is allowed. NKS/- ( Rakesh Kumar, J)