In Anytime Bail Bonding, Inc. v. State, 2009 WL 2357159 (Ga.App. August 3, 2009) the defendant was arrested and the bond posted. Several months later he was indicted but failed to appear for arraignment. The trial court issued a bench warrant and scheduled a show cause hearing on forfeiture of the bond. As a result of irregularities in the indictment, a new indictment was issued, and the following day the first indictment was nol prossed. The defendant again failed to appear for arraignment and a bench warrant and show cause order were again issued. The surety's motion for discharge from liability as to the first indictment was granted but a judgment of forfeiture was entered as to the second indictment. The surety appealed and argued that either nol prossing the first indictment or the order discharging it as to the first indictment exonerated the bond. The Court relied on the facts that the bond and both indictments were for the same offense based on the same facts and that there never was a period when the defendant was not under indictment. The second indictment was returned before the first was nol prossed, The trial court's order relieving the surety of liability in "this case" had only the case number of the first indictment and recited the procedural history of only the first indictment. The Court affirmed the judgment of forfeiture.