IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39947 of 2010 AJAY KANDU @ RAVI JEE, S/o Late Fagu Kandu, Resident of Village – Chauhar, P.S. – Karpi, District - Arwal . Versus STATE OF BIHAR . ----------- 3 09.03.2011 Heard Sri Ajay Kumar Sinha, learned counsel for the petitioner and Sri A.M.P. Mehta, learned Additional Public Prosecutor. This is a case of misuse of privilege of bail. The petitioner, was earlier arrested in Karpi P.S. Case No. 74 of 1990. Thereafter, he was granted bail on 10.9.2003. He appeared thereafter. However, in the year 2005, his bail bond was cancelled and finally the petitioner could be arrested on 18.8.2009 and since then he is in jail. Learned counsel for the petitioner submits that in this case only charges have been framed and witnesses are not turning up. Learned Additional Public Prosecutor has opposed the prayer for bail. It was submitted that direction may be issued for concluding the trial. In view of the facts and circumstances, let the petitioner Ajay Kandu @ Ravi Jee be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) 2 with two sureties of the like amount each to the satisfaction of court of Sri Deepak Kumar Sinha, A.D.J. IV at Jehanabad in connection with S.Tr. No. 114 / 2001/136/2009 arising out of Karpi P.S. Case No. 74 of 1990, on a condition that one of the bailor must be close relative of the petitioner and further condition that on the date of evidence the petitioner shall remain physically present before the court below failing which his bail bond shall stand automatically cancelled. However, with prior permission of the Trial Court, on a particular date, he can remain absent. This condition for physical presence shall be operative for a period of nine months from the date of release. Praful (Rakesh Kumar, J.)