IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40809 of 2009 LALLAN CHOUDHARY Versus THE STATE OF BIHAR ----------- 03. 03.02.2010 Counsel for the petitioner and counsel for the State are present. Today, a supplementary affidavit has been filed on behalf of the petitioner to show that co-accused of the present case, namely, Santosh Choudhary, son of Sukhlal Choudhary, has been murdered while he was on bail and in that regard Bagengola P.S.Case No.29/2009 was registered. This Court finds from the status report that almost all the witnesses on behalf of the prosecution have been examined. The matter is thereafter pending on account of the fact that aforesaid co-accuseds (Santosh Choudhary) jumped bail and is not attending the Court. It is contended that the petitioner is in custody since 21.07.2008 and other co-accuseds of the present case, namely, Ras Bihari Choudahry, Harendra Choudhary, Indal Yadav and Santosh Choudhary have been released on bail by different courts In view of the facts stated in the supplementary affidavit by the petitioner, this Court disposes of the present application in the following manner: “Let the court below verify the aforesaid facts and if it is found that co-accused Santosh Choudhary is - 2 - dead, then appropriate orders shall be passed and thereafter the trial court shall proceed with the trial and take all steps to conclude the same within a period of five months from the date of receipt/communication of this order in the court below, failing which the trial court shall release the petitioner on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to its satisfaction in connection with S.Tr. No.289/2008(Bagengola P.S.Case No.17/08) subject to the conditions that one of the bailors shall be his own/close family members and the petitioner shall appear in person on each date fixed in the trial. In case of default in such appearance, without there being compelling/convincing reasons therefor, the trial court shall cancel the bail bonds of the petitioner and secure his arrest in accordance with law.” hr ( Kishore K. Mandal )