IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37717 of 2011 Abu Talib @ Md. Talib, son of late Sk. Taiyab, resident of village-Baturbari, P.S.-Tarabari, District-Araria. ………..Petitioner Versus The State of Bihar ……….Opp. Party. ----------- 2 21.11.2011 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. It is a case of misuse of privilege of bail. It is submitted on behalf of the petitioner that the petitioner is a labourer. He had gone to Punjab in order to earn his livelihood. He is in custody since 16.6.2011. He undertakes not to misuse the privilege of bail in future. It is also submitted that the petitioner has got no criminal antecedent. Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Ist Additional Sessions Judge, Araria in connection with S.T. No. 809 of 2011 arising out of Araria P.S. Case No. 88 of 1995 subject to the following conditions that (i) That bailors should be the son and close relative of the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) That the bailor shall also state on 2 affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Sanjeet/ (Ashwani Kumar Singh, J.)