IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1259 of 2009 MD.HAIDER ALI, son of Late Md. Rahman Mian, resident of village- Digha Fatehpur Chacle Fahora, P.S.Baligaon, District-vaishali. Versus STATE OF BIHAR ----------- 2. 12.2.2009 Heard Sri Ajay Kumar Thakur, Advocate for the petitioner and the learned A.P.P. for the State. The case was in trial on account of the charges being framed on 4.5.2007 and on a day when it was fixed for evidence, though there was no witness present, the petitioner’s representation could not be made before the court below by his counsel. The petitioner was admittedly not present before the court. His bond was cancelled. Warrant of arrest was issued and the petitioner was arrested on 12.12.2008 and produced in the court below. Since thereafter the petitioner is in custody. The contention is that the petitioner undertakes not to make a similar default in making Pairvi and he will remain physically present on all dates when the court requires him to remain so. Regard being had to the facts as indicated above and the undertakings of the - 2 - petitioner as also the period of custody of the petitioner, let the above named petitioner be released from custody on furnishing bond of Rs.10,000/-(ten thousand)with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.II, Vaishali at Hajipur in Sessions Trial No.351 of 2003(Baligaon P.S.Case No.49 of 1999). B.Kr. ( Dharnidhar Jha, J. )