IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13969 of 2010 KAMESHWAR BAITHA @ UDHESHWAR BAITH, S/o Jaggu Baitha. Versus THE STATE OF BIHAR ----------- 03. 28.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 307 of the Indian Penal Code. It has been submitted that the petitioner was refused bail earlier by order dated 24.11.2009 vide Cr.Misc. No. 27567 of 2009 but has renewed his prayer for bail since there is no progress in the trial upon which a report was called for from the Trial Court and it appears that the petitioner has not been produced in the Court on account of the some orders of the Jharkhand High Court by which the petitioner’s transfer has been stayed from Gadhwa Jail to any other Jail outside Gadhwa. The report also reveals that the petition has been filed under Section 273 Cr.P.C. that the Trial may not proceed in the absence of the accused. I do not understand the wisdom of filing such petition since Section 317 Cr.P.C. specifically enjoins that evidence can be 2 recorded even in the absence of the accused but in the presence of his pleader. This petition obviously has been filed with the intent to ensure that the petitioner be released on bail on the ground of delay in Trial. I am not able to appreciate such an attitude of protracting the trial of an accused. However, considering that the petitioner is in custody since 13.06.2006 for the murder of two persons but has not been named in First Information Report and his name transpired during investigation on the suspicion, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with three sureties of the like amount each to the satisfaction of Sessions Judge-V, Kaimur at Bhabua in connection with S.Tr. No. 85 of 2006 arising out of Chainpur P.S. Case No. 43 of 1998 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner, the other bailor shall be the wife of the petitioner and the third bailor shall be local since the petitioner belongs to Jharkhand. The bailor will also undertake to inform 3 the Court if there is any change in the address of the petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)