IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38545 of 2008 SURYA SARDAR @ SURJA SARDAR Versus STATE OF BIHAR For the Petitioner :Mr.Nafizuzzoha For the State :Mr.Upendra Kumar,APP. ----------- 4. 18.12.2008 Heard The petitioner has approached this Court for grant of bail in a case instituted under section 395 IPC. From perusal of the FIR it appears that a house dacoity was committed in which the informant has named two persons, namely, the petitioner and one Yogendra Sardar. Records reveal that the petitioner approached this Court firstly in cr.misc. no.42407 of 2006 which was heard and rejected under order dated 28.11.2006 (annexure-1). He renewed his prayer for bail in cr.misc. no.41021 of 2007 which was again dismissed under order dated 3.1.2008. This Court while rejecting his application for bail directed the trial court to conclude the trial possibly within six months. Counsel for the petitioner submits that the petitioner is in custody since 6.8.2005. It is further submitted that in spite of direction the trial of the case has not yet been concluded. This Court under order dated 16.10.2008 called for the status report from the trial court which has been marked as Flag B. From perusal of the same, it appears that till today four witnesses have been examined and steps are being taken to ensure attendance of the - 2 - rest of the witnesses. Counsel for the petitioner submits that another co-accused Yogendra Sardar has been granted bail by this Court under order dated 25.6.2008. Certified copy of the said order has been produced which has been placed on record and marked as annexure-X. Having considered the fact that the petitioner abovenamed is in jail custody for over three years, Let he be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of CJM, Supaul in Triveniganj p.s.case no.90/2005 on the condition that one of the bailors should be his own family member and the petitioner shall continue to appear in person on each date fixed in the trial. In the event of default without any compelling or sufficient cause shown to the court, the trial court shall be at liberty to cancel his bail bonds and secure his arrest in accordance with law. hr ( Kishore K. Mandal )