IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8859 of 2008 ANIL KUMAR SINGH Versus THE STATE OF BIHAR - - - - 3. 2.7.2008 Heard. The prayer of the petitioner is not on the merits of the case inasmuch as the petitioner was granted bail provisionally but he did not appear in the court. Lastly he was arrested in the present case, i.e. Sessions Trial No. 1620 of 2007. The contention is that the petitioner was under the a mistaken belief that his bail was permanent and not provisional and in that belief he could not appear. The further contention is that it was not that the petitioner was out of jail during his entire absence from the trial of Sessions Trial No. 1620 of 2007, rather, he was in custody in Sessions Trial No. 235 of 2004 since 5.11.2005 and on his acquittal in the said case when he came out of the jail in October, 2007, then he was arrested and he could believe that something was amiss. Learned counsel for the petitioner has assured that the petitioner shall remain present in the court through out 2 the trial. Regard being had to the facts and circumstances, let the above named petitioner be directed to be released from custody on his furnishing a bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge Vth, Patna, in Sessions Trial No. 1620 of 2007, arising out of Jakkanpur P.S.Case No. 112 of 1991 subject to the following conditions: (1) That the petitioner shall remain physically present on all date or dates even if there is no progress to be made in the trial. (2) One of the sureties shall be either of the parents of the petitioner. Kanth ( Dharnidhar Jha, J.)