IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27605 of 2009 SURESH PASWAN , SON OF LATE BUDHAN PASWAN, RESIDENT OF VILLAGE- BANDAUL , POLICE STATION-KHIZARSARAI, DISTRICT-GAYA. -------------- PETITIONER Versus STATE OF BIHAR. ----------- For the petitioner : Mr. Uma Kant Prasad, Advocate For the State : Mr. Ram Priyasharan Singh, A.P.P. -------- 4 17-11-2009 A supplementary affidavit has been filed on behalf of the petitioner. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered under Sections 147,148,149, 323,324,452,302 of the Indian Penal Code. This is a case of misuse of the privilege of bail. It is submitted on behalf of the petitioner that the petitioner’s bail bond has been cancelled on 13.5.1997 and on 25.1.2001 he has been declared as absconder. However, the petitioner was arrested on 6.4.2009. It is urged that the petitioner had gone to earn his livelihood as a daily wages labourer in a Thread Company, - 2 - namely, Blue Blend India Ltd. Unit No.2, Wapi Kachhi Goan, Road- Kachhi Goan, Daman( Gujrat) and due to communication gap between him and pairvikar , he could not be represented , resulting into cancellation of his bail- bond. The petitioner is stated to be in custody since 6.4.2009 after his arrest. Under the facts and circumstances of the case, petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the 2nd Addl. Sessions Judge, Gaya in connection with Sessions Trial No.23 of 2009 / 283 of 2009, arising out of Mufassil P.S. Case No.124 of 1992 with condition that one of the bailors must be a family member or a close relative of the petitioner who shall file affidavit before the court concerned giving complete genealogy to show his relationship with the petitioner. The petitioner is directed to remain present on each and every date during the trial fixed by the trial court unless his presence is dispensed with by the court concerned in accordance with law , failing which the concerned court shall be at liberty to initiate a - 3 - proceeding for cancellation is bail bond. NKS/- ( Dr. Ravi Ranjan, J)