IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20022 of 2010 MD.TAHSEEN KHAN Versus STATE OF BIHAR ----------- 2. 24.6.2010. Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the informant and learned counsel appearing on behalf of the State. The petitioner is in custody in Laheriyasarai P.S.Case No.354 of 1992, G.R.No.1868 of 1992 (Trial No.1132 of 2010) for the offence punishable under sections 420, 406, 468, 474 and 120B of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner had been granted anticipatory bail by the court below itself on 12.2.1993 but in absence of proper pairvi, his bail bond was cancelled on 28.5.2005 and as the petitioner was not aware of the development, he could not surrender in the court. It is submitted that no sooner the petitioner received information, he surrendered before the court below on 3.5.2010 and prayed for regular bail which has been rejected. Learned counsel for the petitioner 2 further states that the issue raised is of civil nature and no specific allegation has been set out against the petitioner and that it is for this reason that the petitioner had been granted anticipatory bail by the court below. Learned counsel for the informant opposes the prayer for bail made on behalf of the petitioner and submits that the petitioner is guilty of misuse of privilege of bail and has surrendered after five years of cancellation of his bail bonds. Taking into consideration the facts of the case and rival submissions of the parties, let the petitioner Md. Tahseen Khan be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Laheriasarai, Darbhanga in connection with Laheriasarai P.S.Case No.354 of 1992, G.R.No.1868 of 1992 (Trial No.1132 of 2010), subject to the conditions (a) that the father of the petitioner would stand as one of the bailors and who would also ensure his representation in the trial, (b) that the petitioner would be 3 present in the trial on each and every date fixed and failure on his part to be present in the court below on two consecutive dates fixed without reasonable explanation to the satisfaction of the trial court, would confer liberty on the court concerned to initiate proceedings for cancellation of bail bond and for taking him into custody. ahk (Jyoti Saran, J.)