IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42905 of 2008 SUDHIR KUMAR YADAV Versus STATE OF BIHAR ----------- 4 04.02.2009 Heard both sides. Petitioner has renewed his prayer for grant of bail in a case instituted under section 392 of Indian Penal Code. Records reveal that earlier his prayer for bail was considered and rejected under order dated 18.2.2008 (Annexure-1). While rejecting his application for bail, this Court observed as under : “if the trial of the case is not taken up within six months from the receipt of this order in the Court below, the petitioner is at liberty to renew the prayer for bail.” It further appears that under order dated 14.1.2009 passed in the present proceeding, a status report was called for from the Court of Judicial Magistrate, Ist Class Motihari, East Champaran. The said report has been sent to and received in this Court and is placed at Flag-B. A perusal of the said report indicates that the trial of the present petitioner remained pending on account of the fact that one of the co-accuseds namely Munna Pandey was absconding. The report further indicates that on 17.11.2008, aforesaid co-accused Munna Pandey has now been produced in the Court and steps are being taken for procurement of the witnesses. - 2 - It has been submitted that so far the present petitioner is concerned, he remained present on each and every date fixed at the trial. It has further been submitted that he has remained in custody since 22.7.2007. Having considered the submission and after going through the records including the order dated 18.2.2008 placed at Annexure-1, this Court is now persuaded to admit him to bail. Let the petitioner abovenamed 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 learned J.M., Ist class Shri O.P. Srivastva, Motihari, East Champaran in connection with Tr. No. 3192/2007 (arising out of Turkaulia (Banjaria) P.s. case no. 143/2007) subject to the condition that one of the bailers will be own/close family member of the petitioner. The petitioner shall appear on the dates fixed at the trial. In the event of his non appearance in person on two consecutive dates, the Trial Court shall cancel the bail bond of the petitioner and secure his arrest in accordance with law. pkj ( Kishore K. Mandal, J )