IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36165 of 2011 Uma Nath @ Umanath Rai Versus The State Of Bihar ----------- 2/ 15/11/2011 Heard learned counsel for the petitioner and learned Additional P.P. for the State. Petitioner who happens to be under custody in connection with Sonepur (Hajipur) Rail P.S. Case No.35 of 2011 registered under Sections 379, 431 of the IPC, was granted bail by learned Sessions Judge vide order dated 25.6.2011 with a condition that “ he will be released after framing of charge as well as after examination of the informant.” It has been submitted on behalf of the petitioner that charge has already been framed on 7.7.2011. The trial is running for evidence and in spite of warrant of arrest non- bailable issued against the informant, his presence has not been secured uptil now. It has further been submitted that petitioner has got no criminal antecedent and is in custody since the day of inception of the case that means to say since 23.5.2011. In the aforesaid background, the condition imposed by the learned Sessions Judge is directed to vanish. 2 Consequent thereupon, the petition is allowed. perwez (Aditya Kumar Trivedi,J.)