IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43075 of 2009 ASHOK GOPE. Versus STATE OF BIHAR ----------- 02. 03.02.2010 Heard learned counsel for the petitioner and learned counsel for the informant. The present application has been filed on behalf of the sole petitioner seeking modification of the order dated 30.06.2009, passed in Cr.Misc. No.20877 of 2009, as also for a direction to the trial court to comply with the said order. This Court finds that by order dated 30.06.2009, a direction was made to release the petitioner on bail if the trial is not concluded on or before 31st of August, 2009. It is the contention of the petitioner that an application was filed in the court on 15.09.2009 in terms of the order of this Court passed on 30.06.2009. Yet the bail bond has not been accepted and resultantly the petitioner has not been released on bail. Learned counsel appearing on behalf of the informant submits that although an application was filed on 15.09.2009 on behalf of the present petitioner, but the order-sheet would show that the same was never pressed. In the meanwhile, the presiding officer has changed. A new incumbent has joined and has taken over the trial. Learned counsel for the petitioner submits that he is in possession of the order passed by the court now in seisin of the trial showing its inability to pass appropriate order in view of the pendency of the present modification application before this Court. Learned counsel submits that he is prepared to withdraw this application in - 2 - order to approach the court below for accepting the bail bonds of the petitioner. This court, having regard to the said submission and keeping in focus the direction already issued by order dated 30.06.2009, grants the petitioner permission to withdraw the present application with a clear direction that no sooner the petitioner furnishes the bail bonds, the same shall be accepted and he shall be released forthwith, subject to the condition already indicated in the order dated 30.06.2009. As prayed for, let this order at the cost of the petitioner, be communicated to the trial court or the court where the present case(Sessions Trial No.789/2007) has been transferred. hr ( Kishore K. Mandal )