IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22328 of 2009 BIJAY MIAN @ HAJARAT MIAN Versus STATE OF BIHAR ----------- 03. 01.09.2009 Heard both sides. Sole petitioner has approached this court seeking bail in a case instituted under Section 395 of the Penal Code and later on Section 412 of the Penal Code was added. Submission is that petitioner was not identified at the T.I.P. It appears that the petitioner escaped from jail custody on 27.04.2005 and remained absconder for about 04 years. Subsequently he was arrested in connection with other case and has been produced in this case on 09.03.2009. Earlier this court called for a status report. From the status report, it appears that six accused persons are still absconder. The trial has, therefore, not proceeded. Considering the fact that he escaped from jail custody and remained absconder for about 04 years, this court, while declining the prayer for bail made on behalf of the petitioner, disposes of the present application in the following manner: Let the trial court make endeavour to take up the trial at the earliest. If the trial is not taken up and at least 03 witnesses are not examined within 05 months from the date of receipt/communication of a copy of this order in the court below, 2 the trial court shall release the petitioner on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge IInd, Supaul in connection with Sessions Trial no. 188 of 2003 arising out of Pipra P.S.Case no. 04/03 subject to the following conditions: (i) One of the bailors should be the own/close family member of the petitioner. (ii) The petitioner shall appear in person before the court below on the date fixed at the trial. In case of default on two consecutive dates, it shall be open to the trial court to cancel the bail bond of the petitioner and secure his arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)