IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28783 of 2009 UMA NONIA Versus STATE OF BIHAR ----------- 2. 27.08.2009 Heard counsel for the parties. The petitioner who was made an accused in a case instituted under sections 395 and 365 IPC with reference to the occurrence that had taken in the year 1995. He was granted bail in 1997. He continued to appear before the court. The case was committed to the court of sessions on 16.02.2001. In spite of notices, the petitioner defaulted in appearance before the court. The impugned order reflects that because of his continued evasion the trial has been delayed. The petitioner is in custody since 16.07.2009. Learned counsel for the petitioner submits that no summons/warrant was/were issued and served on him. Looking to all aspects of the matter, this Court disposes of this application in the following manner: “Let the trial court take up the trial and no sooner the charges are framed against the petitioner, the trial court shall release the petitioner abovenamed on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to its satisfaction(ADJ, FTC-III, Buxar) in connection with 2 Dhansoin P.S.Case No. 53/95(S.Tr. No.113/01) subject to the condition that one of the bailors shall be his own/close family member and that the petitioner shall appear in person on the date fixed in trial. In case of default on two consecutive dates, the trial court shall cancel the bail bonds of the petitioner and secure his arrest in accordance with law.” hr ( Kishore K. Mandal )