IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37492 of 2009 RAJEEV RANJAN @ BIBHUTI MAHTO @ BABUA MAHTO son of Rabindra Mahto, resident of village Atrua, P.S. Bhagwanpur, District Begusarai… …Petitioner Versus THE STATE OF BIHAR… …Opposite Party For the Petitioner: Mr. Binod Kumar, Advocate, For the S t a t e : Mr. Manish Kumar, A.P.P. ----------- 4 12.11.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under section 395 of the Indian Penal Code. This is case of misuse of the privilege of bail by the petitioner, which was earlier granted to him. It is submitted on behalf of the petitioner that on behalf of the petitioner that due to certain confusion he could appear after the date of commitment i.e., on 1.12.2004. However, subsequently he surrendered on 27.08.2009. It is further submitted that from the order dated 07.09.2009 passed by the Additional Sessions Judge, FTC III, Begusarai, refusing bail to the petitioner, it would be manifest that after commitment the record was not put up before the learned Sessions Judge on 31.12.2004, rather the same was put up on 02.01.2006 for the first time. 2 Learned counsel for the petitioner undertakes that the petitioner will remain present in the court concerned in course of trial on each and every date. Having regard to the facts and circumstances of the case, the abovenamed petitioner, Rajeev Ranjan @ Bibhuti Mahto @ Babua Mahto, is directed to be enlarged 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 Additional Sessions Judge, FTC-III, Begusarai, in S.T. No. 519/04 arising out of Begusarai Town P.S. Case No. 178/97 with further condition that one of the bailors must be the father of the petitioner. The petitioner will furnish undertaking that he shall remain present on each and every date before the court concerned in course of the trial unless his appearance is dispensed with in accordance with law. SC ( Dr. Ravi Ranjan, J.)