IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23790 of 2009 1. ASHOK KUMAR CHAUDHARY 2. BASANT CHAUDHARY Versus STATE OF BIHAR ----------- 2. 04.08.2009 Heard counsel for the parties. This case reflects the misuse of privilege of bail. Petitioners were made accused(s) under diverse sections including section 302 IPC in relation to an occurrence that took place on 27.02.1990. Petitioners were granted anticipatory bail in December,1990. It appears that on 05.03.2001 they were declared permanent absconder. Earlier to that, their bail bonds were cancelled. They have recently surrendered and are in custody since 28.03.2009. Learned counsel for the petitioners submits that on 02.05.2009 the case has been committed to the Court of Sessions. Thereafter, on 30.06.2009 charges have been framed. By 31.07.2009 three prosecution witnesses have been examined. Having regard to the materials available on record, this Court while declining the prayer of the petitioners for bail, disposes of the present application in the following manner: “Let the trial court make endeavour to examine all the prosecution witnesses by 12th of October,2009. The trial court shall release the petitioners on bail on expiry of the aforesaid period or no sooner all the prosecution witnesses are examined, whichever is earlier, on furnishing bail bond of Rs.10,000/- with two - 2 - sureties of the like amount each to its satisfaction in connection with Vaishali P.S.Case No.20 of 1990(G.R.No.344/90/3312/09 subject to the condition that one of the bailors in case of each petitioner shall be his own/close family member.” hr ( Kishore K. Mandal )