IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.23391 of 2009 SHANKAR PASWAN Versus THE STATE OF BIHAR ----------- 3/ 31.08.2009 Heard learned counsel for the petitioner and the State. This case reflects misuse of privilege of bail. Petitioner was made accused in a case instituted for the offence under Section 324 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act with respect to an occurrence dated 19.11.1994. Petitioner was granted bail on merit. Thereafter it appears that the trial of the case was taken up. From pleadings it appears that as many as three witnesses were examined on behalf of the prosecution and last witness was examined on 19.01.1998, thereafter no witness was produced. In the circumstances, petitioner entrusted his Pairvikar to do Pairvi and went out- side the State. His bail bond was ultimately cancelled on 08.09.1999. The case of the petitioner was separated in the year, 2007. It appears, petitioner was arrested in some other case and on the strength of Production Warrant remanded in this case on 02.04.2009. It is contended that till today no further witness has been examined by the prosecution. Considering the submission made on behalf of the parties, this court while declining the prayer for bail, disposed of the application in the following manner: Let the trial court make endeavour and examine all the prosecution witnesses as quickly as possible. The trial court shall release the petitioner on bail on completion of two months from the - 2 - receipt of this order in the court below on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, IV, Nalanda at Bihar Sharif in S.T. No. 46 of 1996 (Manpur P.S. case no. 51 of 1994) subject to the following conditions (i) One of the bailors shall be his own / close family member. (ii) Petitioner shall appear in the court below in person on each date fixed at the trial. In case of default on two consecutive dates in his such appearance in person the trial court shall cancel the bail bond of the petitioner and secure his arrest in accordance with law. Uday/ (Kishore K. Mandal, J.)