IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38090 of 2009 PRAMOD KUMAR SINGH, son of Parmanand Singh, Resident of Village-Sahath Tola Bhadaur, p.S. Bhagwanpur, District Vaishali. Versus THE STATE OF BIHAR ----------- 3 3/12/2009 Heard counsel for the petitioner and counsel for the State. This is a case of misuse of privilege of bail and the petitioner in fact became the root cause for segregation of his trial which otherwise was completed in case of four other co-accused who have already convicted by the trial court. Counsel for the petitioner, however, would take a plea that the petitioner had gone away for earning his livelihood and therefore the petitioner may be released on bail by even imposing liability to appear on each and every date of trial. This Court however before granting bail to the petitioner would like to be satisfied regarding one aspect, namely, that during the period the petitioner remained absconding, i.e, absent from the court in course of trial, whether he had been made an accused in any other criminal case. That being so, this Court would direct the trial court to call for a report regarding criminal antecedent of 2 the petitioner and if it is found that the petitioner was made an accused in any other criminal case during the period of his absence in course of trial, he will not be released on bail and only his trial would be expedited. On the other hand, if it is found that the petitioner was not made an accused in any criminal case in the aforementioned period, the petitioner, namely, Pramod Kumar Singh shall 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 Additional District & Sessions Judge, F.T.C. No.II, Samastipur in Sessions Trial No.104/1995/24/05 arising out of Mohiuddinnagar P.S. Case No. 56 of 1994 with an undertaking by the petitioner in writing that he shall remain present on each and every date of trial and his absence for either one day without any reasonable cause would lead to automatic cancellation of his bail. Abhay Kumar (Mihir Kumar Jha, J.)