IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.14289 of 2008 GANESHI CHAUDHARY Versus STATE OF BIHAR ********* 2 07.05.2008 Heard Counsel for the petitioner and the A.P.P. representing the State. It is a case of misuse of privilege of bail earlier granted to the petitioner in a case under Sections 436, 380 and other allied sections of the Indian Penal Code and Section 3/4 of the Explosive Substances Act. The petitioner in connection with the case of the year 1997 was granted bail but after the petitioner became absent, his bail bonds were cancelled by the Court below on 05.03.2002 and thereafter the petitioner has surrendered only on 10.12.2007. Counsel for the petitioner submits that apart from the fact that the petitioner could not remain present before the Court below for the reasons beyond his control, what is really significant in his case is that he is aged about 80 years and after he has surrendered, he has also sustained a fracture injury. He also submits that though he has not stated in this bail petition but his definite information is that the petitioner has no criminal history. Considering the aforementioned facts and particularly the age of the petitioner as also the present 2 condition that he has sustained a fracture injury, this Court directs release of the petitioner Ganeshi Chaudhary on bail in Bidupur Police Station Case No. 71 of 1997 (Trial No. 1393 of 2007) on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Vaishali at Hajipur with a condition that one of the sureties must be the only son of the petitioner, namely, Devender Chaudhary. Anand (Mihir Kumar Jha, J.)