IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38288 of 2011 Pappu Mahto S/O Late Siya Mahto @ Siya Sharan Mahto Resident Of Village- Pariauna , P.S. Noor Sarai , District-Nalanda. ------ Petitioner Versus The State Of Bihar ----- Opposite Party ---------------------------------- 2 07.12.2011 Heard Sri Nawal Kishore Prasad Singh, learned counsel for the petitioner and Sri Pradeep Narayan Kumar, learned Additional Public Prosecutor. This is the second attempt for grant of bail on behalf of the petitioner. Earlier, vide the order dated 13.12.2010 in Cr. Misc. No. 32751 of 2010, prayer for bail of the petitioner was rejected. Learned counsel for the petitioner on instruction submits that in this case charges were framed on 22.12.2010 and thereafter, not even a single witness has been examined, till date. In view of the fact that most of the co-accused have been granted bail and there is no likelihood of early conclusion of the trial, there is no reason to detain the petitioner in custody. Let the petitioner namely, Pappu Mahto, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand), with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Fast Track Court No. 4, Nalanda in connection with S. Tr. No. 390 of 2010 arising out of Noorsarai P.S. Case No. 210 of 2009, on a condition that one of the bailors must be close relative of the petitioner and secondly, on each and every date during the trial, the petitioner shall remain physically present, failing which, his bail bond shall stand automatically 2 cancelled. However, in special exigency, the petitioner can remain absent on a particular date with prior permission of the Trial Court. Praful ( Rakesh Kumar, J.)