IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20292 of 2010 BASUDEO MUKHIYA @ BASUDEO MANDAL SON OF ASARFI MANDAL, RESIDENT OF VILLAGE KUSHA, P.S. BHAWANIPUR IN THE DISTRICT OF PURNEA. --- PETITIONER. Versus STATE OF BIHAR—OPP. PARTY. ----------- 2/ 15.06.2010 Heard the parties. The petitioner seeks bail in a case of misuse of privilege of bail with respect to the offences under sections 25 (1A). (1B)/ 26 (II)/27/35 of the Arms Act as also under sections 353/307 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that he was granted bail by learned Sessions Judge on 18.01. 1999 and thereafter he made regular pairvi. But subsequently due to mistake on the part of the pairvikar, regular pairvi could not be made in the present case on his behalf, as a result of which his bail bond was cancelled on 18.05.2002. It is also submitted that the petitioner is in judicial custody since 06.12.2009 and as such he has been sufficiently punished in the present case for misuse of privilege of bail. In the aforesaid facts and circumstances, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri M.K.Rai, Judicial Magistrate, Ist Class, Purnea in connection with - 2 - S.G.R. Case No. 1698 of 1998, arising out of Bhawanipur P.S. Case No. 62 of 1998 , subject to conditions: (A) one of the bailors must be government servant or close family members of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner and (B) 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. ( Birendra Prasad Verma, J ) BTiwary/