IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47139 of 2008 BABAN RAI Versus STATE OF BIHAR ----------- 2. 3.12.2008 Heard Mr. Vijay Shankar Srivastava, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The petition is for misuse of bail. The bond of the petitioner was cancelled on 15.5.2003 on account of his non-appearance. Learned Judge, who dismissed the prayer for bail , has mentioned that on account of absence of the petitioner, the case remained pending. May be it is the truth which appears from the record but the further truth which has not been appreciated by the learned Judge is that charges were framed on 21.12.2000, as per the submission, and for about three years, there was no evidence recorded by any court in Sessions Trial no.174 of 1994. It may not be a justification for an accused to run away from a trial but a Judge could not blame an accused in the above circumstances for pendency of the trial also. Let petitioner named above be released 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 Addl. Sessions Judge, F.T.C. No.4, East Champaran at Motihari in connection with Sessions Trial no.174 of 1994 arising out of Chakiya P.S. case no.71 of 1993. sudip ( Dharnidhar Jha,J )