IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25475 of 2008 SURESH SAH, Son of late Rambachan Sah, Resident of village – Nakchand Bahurawa, P.S. – Pursottampur, District – West Champaran. Versus THE STATE OF BIHAR ----------- 4. 10.2.2009 Heard Sri Dhananjay Kumar, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. Similarly situated other accused Md. Rizwan has been admitted to bail by the same court by order dated 16.5.2007. At least those could have been a fact to be noticed and considered by the court below but when the court below was so negligent as not even to mention as to from which date the petitioner could be said to be absent in the trial or what was the date of commitment of the case or what was the report or status on issuance of various processes for securing the appearance of the petitioner, then there could not be any improvement in the situation of pendency level of petitions for bail before this court. The learned Judge has mentioned further that on account of the absence of the present petitioner an old case, like, Sessions Trial No. 86 of 1995 could not be disposed of, but absence was not only of the present petitioner, that was of co- accused Md. Rizwan, in whose case the same court was not - 2 - taking that view. Let petitioner Suresh Sah be released from custody on furnishing a bond of Rs.3,000/- (three thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C. 5, Bettiah, West Champaran in connection with Sessions Trial No. 86 of 1995 arising out of Shikarpur P.S. Case No. 82 of 1994. DKS/ (Dharnidhar Jha, J.)