IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19473 of 2010 RAM NATH MAHTO Versus STATE OF BIHAR ----------- 3. 23.6.2010. Heard learned counsel appearing on behalf the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Adapur P.S.Case No.46 of 1992 corresponding to Trial No.1624 of 2010 for the offences punishable under sections 307,325, 324,323, 341/34 of the Indian Penal Code. This is a case of misuse of the privilege of bail. The petitioner has absented himself from the proceedings for a period of almost 14 years. Learned counsel for the petitioner, with reference to the statement of allegation as set out in the first information report, submits that except for the allegation that the accused persons assaulted the informant, no specific allegation or overt act has been assigned to him. He submits that in that view of the matter, the petitioner had been granted bail on the earlier occasion. He submits that there was no laches on the part of the petitioner and that he 2 entrusted the pairvi of the case to his pairvikar. Learned counsel further submits that the petitioner undertakes not to repeat the mistake. Taking into consideration the circumstances, let petitioner Ram Nath Mahto 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 Sub Divisional Judicial Magistrate, Raxaul at Motihari (East Champaran) in connection with Adapur P.S.Case No.46 of 1992 corresponding to Trial No.1624 of 2010, subject to the condition that son of the petitioner would stand as one of the bailors who would also ensure petitioner’s appearance in the trial on each and every date fixed in the case with a further stipulation that if the petitioner is not duly represented in the trial on two consecutive dates fixed in the trial, the learned court below would be at liberty to initiate proceedings for cancellation of his bail bond and for taking him into custody. ahk (Jyoti Saran, J.) 3