IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48963 of 2008 GYANCHAND SINGH son of late Jagdish Singh, resident of village Gangauli, P.S.Dehri(Dalmianagar), District Rohtas … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner:Shri Jai Prakash Singh For the State:Shri Dashrath Mehta,APP ----------- 3. 29.1.2009 Heard. The petitioner’s prayer for bail was dismissed by the Court in Cr. Misc. No. 54598 of 2007 by an order dated 14.12.2007. The renewal prayer, vide Cr. Misc. No. 40276 of 2008 was dismissed with a direction to the petitioner to approach the lower court which was expected to point out the reasons for the pendency of the case, besides, to indicating the stage of the trial. Unfortunately, the learned Presiding Officer, Fast Track Court No.3, Rohtas, Sasaram, appears not understanding the import of the order passed by this Court directing him to point out the stage of the trial and the reasons for its pendency and, as such, has not even pointed out as to what was the date on which the charge was framed against the accused 2 persons. So, this Court appears deprived of an important information as regards the initiation of the trial against the accused persons and this is probably on account of not allowing the Court to know about the inaction of the court for taking up the trial with expedition because the petitioner is in custody since 7.8.2007. The Court is left with no other option than to hear the matter on merit and that is clearly indicated in its first order passed by one of the Benches of this Court in Cr. Misc. No. 54598 of 2007. The Hon’ble Judge who was passing that particular order on 14.12.2007 has indicated that the petitioner had “participated in the commission of crime, of course, he did not give fatal blow”. Thus, the petitioner is not the assailant of the deceased. It does not appear from the order passed by this Court and from the order passed by the Fast Track Court as to what was the number of injuries. It could definitely be conclude that fatal blow was assigned to another accused. Let the above named petitioner, 3 under the above facts and circumstances, be released on his furnishing a bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Fast Track Court-III, Rohtas, Sasaram, in Sessions Trial No. 581 of 2007, arising out of Dehri(Dalmianagar) P.S.Case No. 203 of 2007 subject to the following conditions: 1. That the petitioner shall remain physically present in the court on all dates, and 2. that any attempt by the petitioner to bully the witnesses or tamper the evidence by any method shall be treated sufficient enough for the court below to assume that this order had not been passed by this Court and the court below could take steps for committing the petitioner to custody after canceling his bond. Kanth ( Dharnidhar Jha, J.)