IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51414 of 2008 NAND KISHORE SINGH Versus THE STATE OF BIHAR ----------- 2/ 11.02.2009 Heard learned counsel for the petitioner and learned counsel for the State. It is submitted on behalf of the petitioner that the petitioner is in custody since 13.10.2008. Having been so launched in case, no step has been taken on behalf of the prosecution leaving the trial pending. Though without service of summons, he was declared absconder. But in a case of 304A of I.P.C. non-appearance, if is accepted as misuse, then also petitioner has been penalized more than needed. In my view, the custody of the petitioner is not justified. Considering the facts and circumstances of the case, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-divisional Magistrate, Bhojpur, Ara in connection with Ara Town P.S. Case No. 124 of 1995 corresponding to Tr. No. 1266 of 2008. S.B.P. (Mandhata Singh, J.)