IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20038 of 2010 Binod Mukhia, son of Bishan Mukhia, resident of Village- Pahabrana, Police Station-Tribeniganj, District-Supaul. ……….Petitioner. Versus The State of Bihar ……………………..Opposite Party. ----------- 2. 17. 06. 2010. Heard the parties. The petitioner seeks bail in a case of misuse of privilege of bail granted with respect to offences under Sections 376/323 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that he was granted bail earlier by the learned court below and thereafter, he was making regular pairvi in the case, but due to mistake on the part of the pairvikar, regular pairvi could not be made on behalf of the petitioner in the present case with effect from 29.07.08, as a result of which his bail bond was cancelled. Subsequently, he was declared absconder on 28. 04. 2010, but the petitioner had no knowledge/information about cancellation of his bail bond. It is further submitted that once the petitioner came to know about cancellation of his bail bond, he surrendered in the court below on 21. 05. 2010 and since then he is in judicial custody. In the aforesaid facts and circumstances of the case, the above named petitioner is directed to be released on bail in connection with Triveniganj P.S. Case No. 35/2003 (S.T. No. 254/2006), on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the 2 Additional Sessions Judge, Supaul, subject to the conditions; (a) that one of the bailors must be Govt. servant or close 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 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.p. ( Birendra Prasad Verma, J.)