IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.128 of 2009 Prem Rai, son of Lakhan Rai, Resident of Village-Mirampur, P.S.- Raghopur, District-Vaishali. ………….Petitioner. Versus The State of Bihar ………………………..Opposite Party. ----------- 2. 10. 02. 09. Heard learned counsel for the petitioner and the State. The petitioner is an accused for offence under Sections 341, 323, 376 and 511/34 of the Indian Penal Code in connection with Raghopur P.S. Case No. 09/1999. It is submitted that petitioner was allowed bail. However, in the present case, 16.08.08, was the date fixed by the learned Trial court for examination of prosecution witnesses and the informant Neelam Kumari was present in the court for her deposition on that day. On that day the petitioner’s representation under Section 317 of Cr.P.C. through his learned counsel was filed in the court, but as the learned counsel for the petitioner could not appear in the court when the case was called out, the bail bond of the petitioner was cancelled by the learned Trial court. Thereafter, learning about the cancellation of his bail bond, the petitioner immediately surrendered in the court below on 17. 09. 08. It is submitted that the petitioner never misuse of privilege of bail in future. Learned A.P.P. is not in a position to refuse the same. Considering the facts and circumstances of the case, the petitioner namely, Prem Rai, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties - 2 - of the like amount each to the satisfaction of the Additional Sessions Judge, F.T.C.-IV, Vaishali at Hajipur, in connection with Sessions Trial No. 205/03 arising out of Raghopur P.S. Case No. 09/1999. m.p. (Shailesh Kumar Sinha, J.)