IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7325 of 2010 ANUP KUMAR SON OF LATE KESHO RAM, RESIDENT OF MOHALLA CHAUKHANDI PAR, P.S. BIHARSHARIF, DISTRICT NALANDA… PETITIONER Versus THE STATE OF BIHAR… OPPOSITE PARTY For the Petitioner: M/s Mahesh Pd. No. 2 and Rewati Kant Raman, Advocates For the State: Mr.Mukeshwar Dayal, A.P.P. ----------- 2 24.02.2010 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under sections 406, 409 and 420 of the Indian Penal Code. Prayer for bail made by the petitioner has earlier been rejected twice and lastly on 14.12.2009. On that occasion the bail application was rejected at that stage. It is submitted on behalf of the petitioner that the charges have been framed and trial has commenced. However, it is submitted that since the trial is being conducted by the magistrate, the provisions of section 437(6) of the Code of Criminal Procedure shall be attracted. It is urged that since admittedly the petitioner has remained all along in jail and the first date fixed for hearing was 04.12.2009, the trial has not been concluded within sixty days therefrom and as such, the petitioner is 2 liable to be released on bail. The petitioner is stated to be in custody since 08.09.2008. Be that as it may, considering the facts and circumstances of the case and the period of incarceration, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner, Anup Kumar, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SDJM, Hilsa, Nalanda, Chandi Police Station Case No. 116 of 2008 (G.R. No. 988/08) with further condition that the petitioner must cooperative during the course of trial and shall appear on each and every date. In case, the petitioner fails to appear on two consecutive dates, the concerned court shall be at liberty to take steps for cancellation of his bail bonds. SC ( Dr. Ravi Ranjan, J.)