IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34090 of 2010 KAUSHAR ALI @ KAUSHAL ALI, son of Sk. Gaffar, resident of village Lal Parsa, P.S. Sikta, District West Champaran Versus STATE OF BIHAR ----------- 3. 17.3.2011 Heard counsel for the petitioner and the counsel for the State. The prayer for bail of the petitioner was earlier rejected by an order dated 18.12.2009 in Cr.Misc.No. 35655/2009 giving him liberty to renew the prayer for bail after completing his judicial custody for a period of one year. Counsel for the petitioner submits that the petitioner is in custody since 27.8.2009 i.e. for more than 1½ years and the trial has not yet begun. From the report that has been received from the trial court dated 15.12.2010 kept at Flag ‘A’ it appears that the charges were framed on 12.5.2010 and yet in the intervening period of more than seven months not a single witness was examined by the prosecution. Considering the aforementioned aspect and the earlier observations made in the order rejecting bail of the petitioner, 2 Surendra/ this Court is now inclined to grant bail to the petitioner. Accordingly, the petitioner, Kaushar Ali @ Kaushal Ali, is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Rs. ten thousand) with two sureties of the like amount each to the satisfaction of Addl. District Judge, F.T.C.III, Bettiah (West Champaran) in S.Tr.No. 11/2010 arising out of Sikta P.S.Case No. 40.2009, subject to the following 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. Subject to the aforementioned conditions, the prayer for bail of the petitioner is allowed. (Mihir Kumar Jha,J.) 3