IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3172 of 2011 Md. Kalim son of Md. Baish, Resident of village- Khairba Lahladpur, P.S. Madhuwan, District- East Champaran, at present resident of village- Chapaith, P.S. Goraul, District- Vaishali. … Petitioner Versus The State Of Bihar….. Opposite Party ----------- 2 10.08.2011 Petitioner is an accused under Section 392 of the Indian Penal Code in Vaishali P.S. Case No. 302 of 2009. Role of the petitioner had appeared during the course of investigation and on confessional statement. Petitioner was even identified in a test identification parade conducted but contention of the learned counsel for the petitioner is that since the last rejection some other accused persons have been enlarged on bail. Petitioner has remained in custody since 13.2.2010 and the matter should be reconsidered, taking into consideration the time frame as well as the fact that the trial has not proceeded as such. He contends that he is willing to co-operate in the trial and will not abscond in any manner nor he will interfere with the course of trial by creating any kind of impediment. Let the petitioner be enlarged on bail on furnishing bail bond of Rs. 30,000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of Subir Kumar, Judicial Magistrate, 1st Class, Vaishali at Hazipur in connection with Vaishali P.S. Case No. 302 of 2009, Trial No. 2604 of 2010 with condition that one of the surety will be executed by a local 2 elected representative where the case has been instituted and the other surety will be executed by one Md. Naseem, son of Late Md. Baish who is stated to be the own brother of the petitioner. The Trial Court shall verify the authenticity of the identity of the brother of the petitioner before enlarging him on bail in this regard. Petitioner has an obligation to appear before the trial court either through himself or his counsel without any failure on each and every date and if he does not comply with the directions and the conditions, and if the court feels that the conduct of the petitioner is coming in the way of smooth trial of the case, the Court below may have freedom to take away the privilege of bail granted to him. Md. Ibrarul ( Ajay Kumar Tripathi, J.)