IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16430 of 2009 GULTENI PASWAN @ GULTEN PASWAN Versus STATE OF BIHAR ----------- 02. 27.05.2009 Heard both sides. Here is a case of misuse of privilege of bail. The sole petitioner was made accused in a case instituted sometimes in the year 1993 under Section 307/34 and Section 25(i) (B) and 27 of the Arms Act. He was granted bail on merit. The petitioner continued to appear before the court below till 2004 whereafter it appears that his bail bonds were cancelled on 24.11.2004. Petitioner was remanded in this case again on 03.09.2008 and since then he is in custody. It is submitted that the petitioner had gone outside the State in connection with his livelihood and discharging all his duties towards the family. It is further submitted that although the charges in this case were framed in the year 2000 but till 2002 not a single witness had been examined on behalf of the prosecution. Learned counsel for the petitioner submits that petitioner may be given the privilege of bail subject to whatever conditions that may be deemed fit and proper by this court. Learned A.P.P. appearing on behalf of the State also submits that appropriate conditions may be imposed in the present case, as the petitioner had absconded for about four years. Having considered the submissions and after going through the records, this court directs as under: - 2 - (i) Let the petitioner, namely, Gulteni Paswan @ Gulten Paswan be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the 5th Assistant Sessions Judge, Muzaffarpur, in connection with Sessions Trial No. 185 of 1996 arising out of Paroo P.S.Case No. 75 of 1993, subject to the following conditions: (a) One of the bailors shall be the own/close family member of the petitioner. (b) The petitioner shall appear in person on each date fixed at the trial. In case of default in appearing in person without sufficient/cogent explanation to the satisfaction of the learned trial court, the trial court shall have liberty to cancel his bail bonds and secure his arrest in accordance with law. Sym (Kishore K. Mandal, J.)