IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.39550 of 2009 ANIL KAHAR, S/o Late Mahesh Kahar, R/o Vill. – Tanti, P.S. Paraiya, Distt. – Gaya …. ………….……Petitioner Versus THE STATE OF BIHAR ……….…. Opposite Party. ----------- For the Petitioner:- Kumari Smita Sani, Advocate. For the State:- Mr. B. Ram, A.P.P. ----------- 2. 13.11.2009. Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State. Petitioner has been made accused in a case registered under Sections 302, 201/34 of the Indian Penal Code. This is a case of misuse of the privilege of bail. Petitioner abstained from appearing before the court below on 19.03.2004 for framing of charge in spite of specific direction which has resulted in cancellation of his bail bond. Thereafter, the petitioner surrendered on 30.07.2009. It is submitted on behalf of the petitioner that he had gone outside the State of Bihar to earn his livelihood and, due to communication gap; no proper step could be taken either by his pairvikar or the concerned office of the Advocate. 2 Having regard to the facts and circumstances of the case, the petitioner, namely, Anil Kahar is directed to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the 2nd Addl. District & Sessions Judge, Gaya in connection with S. Tr. No. 759/09 / 204/03, arising out of Paraiyan P.S. Case No. 06/98, subject to the condition that one of the bailors must be the family member or close relative of the petitioner. The bailor must swear an affidavit before the court below giving complete genealogy to show as to how he is related with the petitioner. The petitioner is also directed to appear before the trial court on each and every date and if he fails to do so without any exemption granted by the concerned court in accordance with law, his bail bond shall be liable to be cancelled. dk ( Dr. Ravi Ranjan, J. )