IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29390 of 2009 MD.SANAULLAH @ SANNO Versus STATE OF BIHAR ----------- 2 01.09.2009 Heard both sides. This case reflects misuse of privilege of bail The petitioner was made accused of different sections of Arms Act in the year 1992. He was granted bail on merit. He continued to appear in the court. Charges were framed on 24.4.2001. Thereafter the prosecution defaulted in securing attendance of the witness. The bail bonds of the petitioner were cancelled on 21.7.2004. The petitioner was arrested in some other case and has been remanded in this case on 7.5.2009 and since then he is in custody. Having regard to the facts and circumstances of the case, this court while declining the prayer of the petitioner disposes of the present application in the following manner: Let the trial court make endeavour and examine all the prosecution witnesses within three months from the date of receipt/communication of a copy of this order failing which the trial court shall release the petitioner on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to its satisfaction in connection with Kotwali P.S. case no. 489/92 (Sessions Trial No. 722 of 1996(G.R. No. 2337/92) subject to the following conditions: (i) One of the bailers will be own/close 2 family member of the petitioner. (ii) The petitioner shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the bail bond of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with law. pkj ( Kishore K. Mandal, J. )