IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37167 of 2010 SHANKAR SINGH son of late Niras Singh, R/o village Gorgaowa P.S. Nayagaon, Dist. Begusarai ….petitioner. Versus STATE OF BIHAR O.P. ----------- 2 08.10.2010 Heard the parties. The petitioner seeks bail in a case of misuse of privilege of bail with respect to criminal prosecution registered under section 399/402 of the Indian Penal Code. It is submitted that petitioner was granted bail on merit in the year 1997. Thereafter he was making regular pairvi in the court below till some time of the year 2004, but the trial of the petitioner was not taken up as a result of which he went out side the State for earning his livelihood entrusting the pairvi of the case to a Karpardaz. Unfortunately the Karpardaz of the petitioner did not file attendance of the petitioner on the date fixed in the case as a result of which his bail bond was cancelled on 30.12.2004. It is submitted that for alleged misuse of bail for a period of five years the petitioner is in judicial custody since 3.5.2010 and as such he has been sufficiently punished. Taking into consideration the aforesaid facts, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Additional Sessions Judge (F.T.C.III), Begusarai in connection with S.Tr. No. 435 of 2010 subject to the conditions: (a) That one of the bailors must be Govt. servant or close 2 family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) 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 bond of the petitioner. M.Rahman ( Birendra Prasad Verma, J )