IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3409 of 2011 Gopal Paswan, son of late Bhupan Paswan, resident of Village Mohanpur, P.S. Samastipur Muffasil, District Samastipur. ------- Petitioner Versus The State of Bihar ------ Opp. Party ----------- 3 20.4.2011 Heard learned counsel for the petitioner and counsel for the State. The prayer for bail of the petitioner was earlier rejected by an order dated 18.9.2009 in Cr. Misc. No. 8268 of 2009 with a liberty that he could renew his prayer for bail after expiry of a period of one year. Learned counsel for the petitioner would submit that not only the aforesaid period of one year has been completed but the victim girl has also been examined in course of trial and she has not named the petitioner to be one of the members of the mob, which had allegedly kidnapped her. He would also draw attention to an order of this Court dated 6.4.2010 in Cr. Misc. No. 36776 of 2009 (Suresh Mahto Vs. State of Bihar) to submit that the said co-accused, whose case also stands on the same footing, has been directed to be enlarged on bail. 2 Considering all these aspects as also the fact that the trial court has observed in its order dated 7.1.2011 that after examination of the important witnesses including the victim girl and her mother, the informant, rest of the witnesses, having been not turning up for their evidence, are delaying the conclusion of the trial, this Court would direct for release of the petitioner, namely, Gopal Paswan on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Samastipur in connection with S.T. No. 83 of 2009 arising out of Musrigharari P.S. Case No. 87 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. 3 (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.)