IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9620 of 2011 PAWAN KUMAR SON OF PREM LAL MAHTO @ LAL MAHTO, RESIDENT OF VILLAGE SARI KUMHAR TOLI, P.S. WARISNAGAR, DISTRICT- SAMASTIPUR Versus THE STATE OF BIHAR ----------- 2 20.04.2011 A supplementary affidavit has been filed on behalf of the petitioner. Heard learned counsel for the petitioner and the State. The offence alleged is under Sections 363, 366A, 372 of the Indian Penal Code. Petitioner had earlier twice approached this Court for grant of bail which were rejected vide Annexure-1 & 1/1. It is submitted that the prayer for bail of the petitioner was rejected on the last occasion vide order dated 18th August, 2010 passed in Cr. Misc. No. 22478 of 2010 vide Annexure-1/1 since it was submitted on behalf of the State that the trial is in progress. Learned counsel submits that the petitioner is in custody since 9th February, 2009 and in the trial since the date of framing of charge i.e. 15.10.2009 no witnesses have been examined save and except some formal witnesses and that too before 28.05.2010. It is further submitted that one of the co-accused namely, Arif Hussain @ Shibu has been granted bail by this Court as per the order dated 19.01.2011 passed in Cr. Misc. No. 39349 of 2010 vide Annexure-3. Learned counsel for the State is not in position to refute the above submissions. Considering the facts and circumstances of the case, it is directed that let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, F.T.C. 1st, Samastipur, in connection with Kalyanpur P.S. Case No. 26 of 2009 corresponding to Sessions Trial No. 485 of 2009. Manish/- ( Shailesh Kumar Sinha,J.)