IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28679 of 2010 Sitabul, son of Siddique Ali, Resident of Village Kewala Alam Tola, P.S. Pranpur, District Katihar. ----- Petitioner Versus State of Bihar -------- Opp. Party ----------- 3 09.02.2011 Heard Mr. N.A. Shamsi, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned counsel for the State. The prayer for bail of the petitioner was earlier rejected by order dated 13.10.2009 in Cr. Misc. No. 31832 of 2009 with a direction that the trial of the petitioner must be concluded within a period of one year. A report, which has been submitted by the trial court in terms of the order of this Court dated 1.10.2010, would reveal that the charges could not be framed till 1.11.2010. In a situation like this when the co- accused persons namely Ainul Haque, Mehrul Haque and Habibur, whose rejection of bail was the ground for refusal of bail to the petitioner, had already been acquitted by the trial court in their separated trial and the 2 fact that the end of trail of the petitioner is nowhere in sight, this Court would direct for release of the petitioner, namely, Sitabul on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Pranpur P.S. Case No. 81 of 2008, subject to the following conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and his absence even for a single day would automatically entail the consequences of cancellation of his bail. (iii) The petitioner in case is now made accused in any other criminal case, that would itself lead to cancellation of his bail. Subject to the aforementioned conditions, the prayer for bail of the petitioner is allowed. Rsh (Mihir Kumar Jha, J.)