IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40383 of 2008 SUBODH RAI …. PETITIONER Versus THE STATE OF BIHAR …. OPP. PARTY ----------- 3. 26.11.2008 Heard Sri Mahendra Thakur, Advocate for the petitioner and Sri D. Mehta, APP for the State. The case was under some Sections of the Customs Act and the petitioner was on bail. While the case was on hearing of evidence and two witnesses were present, there was no attendance of the petitioner nor did any Advocate turn up on his behalf for allowing the examination of the witnesses, the bail bond of the petitioner was cancelled. The contention is that on 4.2.99 the non-gazetted employees of the Civil Courts were on strike and the petitioner was in attendance on that date, but his attendance could not be recorded on account of the disruption in the court proceedings. He was given 18.2.99 as the date next in the case and he went to Gujrat in expectation that he was attend the proceedings, but in the meantime, on 8.2.99 the witnesses appeared on account of the case giving up before the court and of which the petitioner did not have any knowledge. The contention is that for the misuse of the - 2 - privilege of the period as may appear the petitioner has remained in custody for about five months. The contention further is that it could be a warrant trial and there is no progress, so as to disposing of the case of hearing of the evidence. Regard being had to the facts of the case and the contentions, let petitioner Subodh Rai be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Economic Offences at Patna in connection with Complaint Case No. 178© of 1998, subject to the condition that no representation of the petitioner shall be accepted unless the trial is concluded. The petitioner’s absence could be condoned by allowing him to be represented through his counsel only for compelling reasons supported by the document to the satisfaction of the court below. DKS/ (Dharnidhar Jha, J.)