IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23553 of 2009 MD.MURTUZA son of Md. Yusuf, resident of Chaudhary Mohallah,P.S.and Dist. Katihar. …..Petitioner. Versus STATE OF BIHAR ----------- 2 25.8.2009 Heard learned counsel for the petitioner and learned counsel for the State. This is a case of misuse of privilege of bail. It is said that the bail bond of the petitioner was cancelled on 29.10.2004 and the petitioner has been arrested on 28.4.2009 and since then he is in custody. It is submitted that the advocate clerk who was entrusted to make pairvi in the case did not inform the petitioner in time with regard to the cancellation of bail bond. It is also submitted that the petitioner was out of the State for earning his livelihood. Considering the fact that the petitioner was on bail earlier, this application is allowed. Let the above named petitioner be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri Gajendra Prasad, 2nd A.S.J. katihar, in Katihar Rail P.S. case no. 05/02, subject to the condition that the petitioner will appear on each and every date fixed in the case and he will not make absent himself without permission of the court and shall cooperate in trial, failing which the court below shall be at liberty to cancel his bail bond and take steps to arrest the petitioner. (J.N. Singh, J) - 2 - M.Rahman