IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39918 of 2010 1.ROHIT @ RINKU UPADHAYAY son of Amar Nath Upadhayay 2.Balaram Singh son of Amar Jeet Singh Both residents of village-Sanskrit Pathsala Harkeshpura, P.S.-Kotwali, Dist.-Mau (U.P.) Versus STATE OF BIHAR ----------- 2. 20.12.2010. Heard Mr.Sunil Kumar Pandey assisted by Mr.Kamlesh Prasad Singh learned counsel for the petitioners and Mr. N.Prasad learned Additional Public prosecutor appearing on behalf of the State. It is a case of misuse of privilege of bail. The petitioners were earlier granted bail by the court below in connection with Dawat P.S. Case No.67 of 2003. However, their bail bonds were cancelled on 23.1.2010. Thereafter, they voluntarily surrendered on 14.9.2010. It was submitted by learned counsel for the petitioners that there was no intentional laches on the part of the petitioners and immediately after noticing the fact regarding cancellation of bail , they surrendered before the court below. Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge-II, Rohtas, Sasaram in connection with S. Tr. No.140 of 2004 arising out of Dawath P.S. Case No.67 of 2003, G.R. No.746 of 2003 with a condition that on each and every date the petitioners shall remain physically present in the court failing which their bail bonds stand cancelled. However, in 2 special exigency on prior permission of the court, the petitioners can remain absent on a particular date. One of the bailors, should be a close relative of the petitioners. Md.S. ( Rakesh Kumar, J.)