IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33967 of 2010 SHANKAR SONAR son of Ram KishunSonar R/o Village Bank P.S. Ankori Gola , Dist. Rohtas…petitioner. Versus THE STATE OF BIHAR oppositeparty. ----------- 2 15.09.2010 Heard the parties. The petitioner seeks bail in a case of misuse of privilege of bail with respect to a criminal prosecution registered under section 3 (a) R.P. (U.P) Act 1966. It is submitted that the criminal prosecution was registered on 23.12.1987 and after remaining in Judicial custody for some time he was granted bail by the court below itself. Thereafter petitioner was making regular pairvi for about ten years but trial of the petitioner was not taken up. The bail bond of the petitioner was subsequently cancelled on 11.1.1996, as the petitioner had gone out of Bihar for earning his livelihood after entrusting the pairvi of his case to his Karpardaz, who neither made regular pairvi nor informed the petitioner about cancellation of his bail bond. It was further submitted that petitioner, after coming to know about cancellation of his bail bond, has surrendered on 7.7.2010. Further more, he is facing rigour of criminal trial for a quite long time and, therefore, he has been sufficiently punished in the present case. In the aforesaid facts and circumstances, 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 Railway Judicial Magistrate, Gaya in connection with Dehri-on-sone R.P.F. P.S. Case no. 49/87, Tr. No. 08/08 subject 2 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) If the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. (c) 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 )