IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19668 of 2010 VIJAY KAHAR Versus STATE OF BIHAR ----------- 02/ 15.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. This is a case of misuse of the privilege of bail. The petitioner is an accused in Sessions Trial No. 943 of 2003 arising from Sahkund P.S. Case No. 10 of 2003 registered under Sections 341, 323, 353 and 307 of the Indian Penal Code. Learned counsel for the petitioner submits that the case is of civil nature and that it is on account of communication gap that the petitioner failed to appear before the court below on the dates fixed. From perusal of the record, it appears that the petitioner had earlier been granted bail by the court below itself but misused the same on two occasions. The petitioner after cancellation of his bail bonds on 18.9.2009 has surrendered on 15.2.2010 and undertakes to abide by the conditions set out by this Court for consideration of his case. Considering the facts and circumstances of the case, let the petitioner Vijay Kahar be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J. (F.T.C. II), Bhagalpur in connection with S.T. No. 943 of 2003 arising from Sahkund P.S. Case No. 10 of 2003 subject to the condition that the petitioner would be - 2 - attending the trial of the case on each and every date fixed in the case. The failure on the part of the petitioner to attend the trial on two consecutive dates without reasonable explanation to the satisfaction of the trial court would entitle the court concerned to initiate proceedings for cancellation of his bail bonds and for taking him into custody. S.Sb/- (Jyoti Saran, J.)