IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3070 of 2011 NISHANT KUMAR @ GUDDU MAHTO Versus THE STATE OF BIHAR ----------- 02/ 14.03.2011 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the application within the course of the day. Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State. Although petitioner is named in the first information report but no specific overt-act has been attributed against him. It is also admitted position that after due investigation petitioner was not sent up for trial but the Addl. Chief Judicial Magistrate took cognizance of the offence against the petitioner and summoned him to face trial. The petitioner preferred Cr. Misc. no. 55375/2006 before this court for grant of anticipatory bail and the aforesaid criminal miscellaneous case was disposed of by this court vide order dated 8.3.2007 with direction to the petitioner to appear before the court below and seek regular bail. Admittedly, petitioner did not surrender in time and subsequently, on 22.11.2010 he surrendered before the court below and prayed for bail but his bail was rejected not only by the learned Addl. Chief Judicial Magistrate but also by the learned Sessions Judge, Samastipur on the ground that on account of laches of the petitioner the delay in disposal of the above stated case was occurred. The contention of the learned counsel for the petitioner is that, as a matter of fact, after institution of the present case, petitioner got admitted in the course of journalism at Bhopal and he did the course and thereafter he got job and that is the reason he could not surrender before the court below in time. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, let petitioner, Nishant Kumar @ Guddu Mahto, be released on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Rosera, in Rosera P.S. Case no. 121 of 2004. shahid (Hemant Kumar Srivastava,J)