IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3615 of 2011 MUBARAQUE ALI @ MUBARAK ALI @ RAJU MISTRY @ RAJU,S/O LATE MD. ABDULAH, R/O RAGHUNATHPUR PIPARPATTI, POLICE STATION RAGHUNATHPUR, DISTRICT BALIA(U.P) AT PRESENT MISCALL MOHALLA, POLICE STATION & DISTRICT MOTIHARI. .............PETITIONER. Versus THE STATE OF BIHAR. ...........OPPOSITE PARTY. ----------- 02/ 13.05.2011 Heard counsel for the petitioner counsel for the State. The prayer for bail of the petitioner was earlier rejected by the order of this Court passed on 18.09.2009 in Criminal Miscellaneous No. 8466 of 2009, wherein, he was given liberty to renew his prayer for bail after completion of one year of his judicial custody. Counsel for the petitioner would draw attention of this Court to the order of the trial court dated 20.12.2010, that only three witnesses were examined in a span of 15 months and they too have not supported the prosecution case as against the petitioner. He has also submitted that under similar circumstances Gopal Paswan whose prayer for bail was also rejected by the same order in Criminal Miscellaneous No. in 8268 of 2009 has been granted bail on 20.04.2011 in Criminal 2 Miscellaneous No. 3409 of 2011. Considering the fact, this Court would direct for release of the petitioner, namely, Mubaraque Ali @ Mubarak Ali @ Raju Mistry @ Raju on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1 st Additional Sessions Judge, Samastipur in connection with Sessions Trial No. 83 of 2009 “State vs Rupa Devi & Ors” arising out of Musri Gharari, P.S Case No. 87 of 2008 dated 21.06.2008 subject to the following three conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and his absence even for a single day would automatically entail the consequences of cancellation of his bail. (iii) The petitioner in case is now made accused in any other criminal case, that would itself lead to cancellation of his bail. Ranjan (Mihir Kumar Jha, J)