IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37126 of 2010 Kishun Mahto @ Butan Mahto son of Dhonrha Mahto, resident of village- Bahilwara Khorampur, P.S. Saraiya, District Muzaffarpur --- Petitioner. Versus THE STATE OF BIHAR--- Opp. Party. ----------- 2/ 07-10-2010 Heard the parties. The petitioner seeks bail in a case of misuse of privilege of bail with respect to criminal prosecution registered under sections 302/201 of the Indian Penal Code. It is submitted that the petitioner was granted bail by order dated 04.11.1994 by the learned court below and thereafter he was making regular pairvi in the present case. Even charge was framed on 22.04.2002 but no witness was produced by the prosecution, as a result of which the petitioner, while entrusting pairvi of his case with the Karpartaj, went outside for earning his livelihood. Unfortunately, the Karpartaj of the petitioner did not make regular pairvi and as such the bail bond of the petitioner was cancelled on 12.06.2003. The petitioner is said to have voluntarily surrendered on 06.03.2010 and as such, it is submitted that for alleged misuse of privilege of bail for seven years, the petitioner has remained in judicial custody for about seven months. Taking into consideration the facts and 2 circumstances of the case, the above named petitioner is directed to the enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge, Fast Track Court No. III, Muzaffarpur in Sessions Trial No. 29 of 1995, arising out of Saraiya P.S. Case No. 109 of 1994, subject to conditions that : (A) One of the bailors must be a government servant or any elected office bearer of the Gram Panchayat, (B) Another bailor must be a family members or close relative of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, and (C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. BTiwary/ ( Birendra Prasad Verma, J.)