IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28007 of 2011 Raj Kumar Mishra, S/O-Late Harendra Mishra Versus The State Of Bihar ----------- 03 04.11.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 02.07.2010 in a case registered under Section 376 of the Indian Penal Code. Allegedly, petitioner along with other accused committed rape on the informant but admittedly, no sign of rape was found on the informant when she was medically examined. Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 13.01.2011 passed in Cr. Misc. No. 39570 of 2010 with a liberty to petitioner to renew his prayer for bail, if his trial is not concluded within nine months. Learned Sessions Judge, Gopalganj has reported that the charge against the petitioner was framed on 01.11.2010 but up-till- now not a single prosecution witness has been examined and the presiding judge has proceeded on medical leave. In the aforesaid circumstance, I think it proper to release the petitioner on bail. Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I, Gopalganj in connection with Sessions Trial No. 566 of 2010 arising out of Kuchaikot P.S. Case No. 135 of 2010. SHAHZAD ( Hemant Kumar Srivastava, J.)