IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23632 of 2009 1. SARGUN YADAV 2. UDAI KUMAR Versus STATE OF BIHAR 3 27.08.2009 Heard both sides. This case reflects misuse of privilege of bail. The petitioners were made accused of a case instituted under Section 307 of Indian Penal Code. They were granted bail on merit on 3.8.2004. The bail bonds of the petitioners were cancelled on 24.11.2005. Petitioners defaulted in appearance. Steps for their arrest were taken. On 28.3.2009, the petitioners surrendered and since then they are in custody. Impugned order indicates that the trial has suffered because of the long period of evasion of arrest by the petitioners inasmuch as the trial has to be separated on 18.2.2009. Looking to the facts appearing from the record, this court, while declining the prayer of bail, disposes of the present application in following manner: Let the trial court proceed with the trial of the case. No sooner charges are framed against the petitioners, the trial court shall release the petitioners on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to its satisfaction in connection with Ghoswari P.S. case no. 20 of 2004 (Sessions Trial No. 568 of 2009) subject to the condition that one of the bailers will be own/close family member of the petitioners. pkj ( Kishore K. Mandal, J. )