IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18139 of 2009 KUNAL KUMAR @ KUNAL RAUT Versus STATE OF BIHAR ----------- 2 24.06.2009 Heard counsel for the petitioner. No body appeared on behalf of the State. The petitioner has renewed his prayer for bail in a case instituted under section 392 of Indian Penal Code. . Earlier his application was considered by this court and disposed of under order dated 19.12.2008 (Annexure-1). The concluding portion of the said order reads thus: “However considering the period of incarceration, this Court observes that Trial Court will try to conclude the trial itself by 30th April, 2009 failing which the petitioner is granted liberty to renew his prayer for bail.” Learned counsel for the petitioner submits that the petitioner continues to incarcerate since 13.12.2007. He draws attention of the Court to sub-paragraph of paragraph no. 2 which reads thus: “There has been no progress in the trial and the case at all since 19.12.2008 far less it is being concluded and the same is pending at the stage where it was on 19.12.2008.” In that view of the matter, this court is persuaded to grant him the privilege of bail. Let the petitioner abovenamed 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 learned Chief Judicial Magistrate, Nalanda in connection with Sare P.S. 2 case no. 27 of 2007 subject to the following two conditions: (i) One of the bailers shall be own/close family members of the petitioner. (ii) The petitioner shall appear on each and every dates fixed in the trial. In case of default on two consecutive occasions, the Trial Court shall have liberty to cancel the bail bond of the petitioner and ensure his arrest in accordance with law. pkj ( Kishore K. Mandal, J. )