IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34901 of 2009 KAPILESHWAR SAHNI, son of Shankar Sahni, resident of Village-Hussiapur, P.S. Sahebganj, District- Muzaffarpur. Versus THE STATE OF BIHAR ----------- 3 13/10/2009 Heard Mr. Parth Sarthi, learned counsel for the petitioner and counsel for the State. The petitioner has happily remained absconding for a period over nine years and in fact it was on account of his remaining absent from the Court he could not be committed to the Court of Sessions along with other accused leading to segregation of trial. Considering all these aspect and the fact that the petitioner is in custody only since 19.6.2009, this Court for the time being, is not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected for the present. The trial court is, however, directed to ensure that if case of the petitioner has already been committed to the Court of Sessions, charges should also be framed immediately and trial of the petitioner should be expedited. In the event, trial of the petitioner would not be concluded within six months of framing of charge against the petitioner and he would also complete his judicial custody for a period of nine months, he will have liberty to make prayer before the court below itself for being released on bail and if the court below would find that the delay in concluding 2 the trial is totally attributable to the prosecution the petitioner shall be released on bail on furnishing bail bonds by his two close family relatives with a specific condition that the petitioner shall remain present on each and every date of trial and his absence of even for a single day in course of trial would lead to automatic cancellation of his bail. Abhay Kumar (Mihir Kumar Jha, J.)