IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37065 of 2010 SANJAY SAH, son of Rajendra Sah, resident of village- Labhgaon, P.S.-Khagaria, District-Khagaria. Versus THE STATE OF BIHAR ----------- 2/ 07-10-2010 Heard the parties. The petitioner seeks bail in a case of misuse of privilege of bail with respect to criminal prosecution registered under Section 307/34 and some other allied offences of the Indian Penal Code. It is submitted that in the F.I.R. no specific role for assaulting the informant was assigned against the petitioner and as such he was granted bail by the learned Chief Judicial Magistrate, Khagaria itself by his order dated 14-10-1996 and thereafter he was making regular Pairvi in the court below. However, the petitioner had to go outside for earning his livelihood entrusting his Pairvi of the case to his Karpardaz, who did not file Pairvi on the date fixed in the case, as a result of which his bail bond was cancelled by an order dated 04-08-1999. The petitioner was arrested on 17-01-2010. Thus, he is in judicial custody for more than nine months for misuse of privilege of bail for about 11 years. Taking into consideration the fact that the petitioner has remained in judicial custody for more than 9 months for misuse of privilege of bail, he (Sanjay Sah) is directed to 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 the Additional District & Sessions Judge, Fast Track Court-4, Khagaria in 2 connection with Sessions Case No. 87A/1997, arising out of khagaria P.S. Case No. 345of 1996, subject to the conditions that : (a)one of the bailors must be a Government servant, (b)another bailor must be a close family member or close relative of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner and (c) the petitioner shall make regular Pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make Pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. A.H./ ( Birendra Prasad Verma, J.)