IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43013 of 2011 Md. Rafique @ Rafique Mian @ Supan Mian @ Md. Raji Son of late Nabihusen @ Pagal Mian Versus The State Of Bihar ---------------------------------- 2/ 21.12.2011 Heard learned counsel for the parties. This is a case of misuse of privilege of bail in a case under Section 364 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner was taken into custody on 19.01.2011 in Marhaura P.S. case no. 04 of 2011 under Section 27 of the Arms Act. He further submits that petitioner was released on bail in the aforesaid case on 26.09.2011. Learned counsel submits that the misuse was not deliberate, as the petitioner was taken into custody in another case, hence it was impossible for him to appear in the instant case. In the circumstances, petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge, Saran, Chapra in connection with S.T. No.339 of 2010, arising out of Manjhi P.S. case no.113 of 2008 with the condition that one of the bailors would be his own family member. Uday/ (Samarendra Pratap Singh, J.)