IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46122 of 2008 ISSA MIYAN Versus THE STATE OF BIHAR ----------- 2. 18.12.2008 Heard Sri Anil Kumar Singh No. 6, Advocate for the petitioner and Sri D. Mehta, APP for the State. The petitioner absented himself from the trial of Sessions Trial No. 293 of 1996/ 109 of 1996 arising out of Deokund P.S. Case No. 19 of 1995 on 30th of January, 1997. It is not clear from the rejection order whether the petitioner surrendered himself to the custody of the court or he was arrested and produced before it. Learned counsel appearing on his behalf also does not furnish any information as was required by the court. However, the learned Judge, who dismissed the prayer for bail of the petitioner, has mentioned that the trial of 13 accused persons was affected adversely for more than 11 years on account of the absence of the petitioner. But while recording the above fact the learned Judge has not mentioned as to why charges could not be framed against the petitioner and other accused persons of the case prior to 13.8.2008 and that the case remain pending for that period also. - 2 - Let petitioner Issa Miyan 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 Ist Additional Sessions Judge, Aurangabad in the above noted case. DKS/ (Dharnidhar Jha, J.)