IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.10328 of 2011 Pradeep Gowswami Versus The State Of Bihar ---------------------------------- 04. 03.08.2011 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Saharsa (Banmankhi) P.S. Case No. 28 of 2008 for offence punishable under Sections 328, 379/34 of the Indian Penal Code. This is a case of misuse of the privilege of bail. The prayer of the petitioner was earlier allowed vide order passed on 18.11.2009 in Criminal Misc. No. 38411 of 2009 subject to the condition of attending the court below on each and every date fixed in the case and the failure on the part of the petitioner to attend the court on two consecutive dates would entitle the court below to initiate proceedings for cancellation of his bail bond and for taking him into custody. It so appears that the petitioner has failed to comply with this part of the order and as a consequence whereof the bail bonds of the petitioner were cancelled and he surrendered before the court below on 19.1.2011 and is in custody since then. Learned counsel submits that it is on grounds of illness that the petitioner could not attend the court below and as a consequence his bail bonds were cancelled. Learned 2 counsel submits that the petitioner shall ensure his representation in the court below henceforth. Regard being had to the submission of the learned counsel and the period of incarceration suffered by the petitioner, let the petitioner Pradeep Gowswami be released on bail on furnishing bail bond of Rs. 10,000.- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned IInd Additional Sessions Judge, Khagaria in connection with Sessions Case No. 401 of 2009 arising from Saharsa (Banmankhi) P.S. Case No. 28 of 2008 with the condition that the petitioner shall be duty bound to ensure his representation before the court below on each and every date fixed in the case and the failure on the part of the petitioner to ensure his representation on two dates consecutively without reasonable explanation to the satisfaction of the trial court, would entitle the court below to cancel his bail bond and to take him into custody. S.Sb/- (Jyoti Saran, J.)