IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3946 of 2010 SHAMBHU MAHTON, Son of Rameshwar Mahton, resident of Village Oraiya, P.S. Lakhisarai, District – Lakhisarai …… Petitioner Versus THE STATE OF BIHAR … Opposite party ----------- For the petitioner : Mr. Sanjiv Kumar, Advocate For the State : Mr. Nirbhay Singh, A.P.P. ---- 3 03.03.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. This is a case of misuse of privilege of bail. Learned counsel for the petitioner submits that the petitioner has earlier been physically present all along but due to some communication gap he could not remain present on 12.10.2009, which was the date fixed for framing of charge, hence his bail bonds were cancelled. Thereafter, the petitioner has surrendered on 20.11.2009. In the facts and the circumstances of the case, the petitioner, SHAMBHU MAHTON, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, Lakhisarai in 2 connection with S.T. No. 4 of 1996 arising out of Lakhisarai P.S. Case No. 292 of 1993 , with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. Further the petitioner shall remain present on each and every date during the course of trial. If the petitioner fails to remain present on two consecutive dates then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. Spd/- (Dr. Ravi Ranjan, J.)