IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39349 of 2010 ARIF HUSSAIN @ SHIBBU SON OF AMZAD HUSSAIN, RESIDENT OF VILLAGE DHARAMPUR WARD NO.2, P.S. SAMASTIPUR TOWN (MUFFASIL) DISTRICT- SAMASTIPUR Versus STATE OF BIHAR ******* 3 19.01.2011 Heard learned counsel for the petitioner and the State. Petitioner moved this Court for grant of bail on two occasions which were rejected as per Annexure-1 & 1/A. It is submitted that the application for bail of the petitioner was rejected on the last occasion by order dated 19.05.2010 taking into consideration that the trial is going on and witnesses are being examined. Learned counsel submits that on perusal of the order sheet, it would appear that after 19.05.2010 on all the occasions witnesses are not turning up and as such, the trial is not progressing for want of witnesses. It is further submitted that the petitioner is in custody since 01.02.2009. Learned counsel further submits that the petitioner is not the named accused, however his name has come during investigation for the alleged kidnapping of the daughter of the informant who was said to be traceless from the place of the co-accused Md. Rizwan. Learned counsel for the State is not in position to refute the above submissions. Considering the facts and circumstances of the case, it is directed that let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.D.J. F.T.C. Ist, Samastipur, in connection with Kalyanpur P.S. Case No. 26 of 2009. Manish/- ( Shailesh Kumar Sinha,J.)