IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31040 of 2009 SHANKAR RAI Versus STATE OF BIHAR ----------- 2 10.09.2009 Heard both sides. This case reflects misuse of privilege of bail. The petitioner was made accused in a case instituted under Section 395 of Indian Penal Code. He was granted bail on merit sometimes in the year 2001. As he defaulted in appearance in appearing before the court, the bail bonds were cancelled on 15.1.2002. It is submitted that the petitioner surrendered in the court below on 23.1.2009 and since then he is in custody. Learned counsel submits that the case has recently been committed to the court of sessions. The trial has thus not begun. Considering all aspect of the matter, while declining the prayer of the petitioner, this court disposes of the application in the following manner: Let the trial court make endeavour to proceed with trial. No sooner the charges are framed against the petitioner, 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 S.T. No. 338 of 2009 (arising out of Ujiarpur P.S. case no. 26 of 2000) 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 trial court shall cancel the bail bonds of the petitioner secure his arrest in accordance with law. pkj ( Kishore K. Mandal, J. )