IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12199 of 2009 Md. Taimur Hussasin @ Md. Taimur son of Md. Manjoor Hussasin, resident of village Chhatiya(Mahendrapur), P.S. Sadar(Mufassil), District Purnea… …Petitioner Versus The State of Bihar… ..Opposite Party For the Petitioner: Mr. Mahendra Thakur, Advocate For the S t a t e : Mr. Aahmad Ali, .P.P. … 2 15.05.2009 Learned counsel for the petitioner is permitted to make correction in paragraph 8 of this application regarding the year of surrender, as, inadvertently, the same has been typed as 2004 instead of 2008. Heard learned counsel for the parties. This is a case of misuse of the privilege of bail. The petitioner was enlarged on bail in connection with Purnea Sadar Police Station Case No. 62/95 in the year 1995 itself. However, since he did not present himself before the court concerned, on the fixed date his bail bond was cancelled on 20.08.2004 and non-bailable warrant of arrest was issued against him for ensuring his attendance. Subsequently, he was declared absconder on 20.05.2008 and thereafter he surrendered on 20.8.2008. Learned counsel for the petitioner submits that the petitioner had gone outside the State to earn for the 2 livelihood of the family members, and, thus, he could not be informed regarding the dates of the case. It is also stated that during the period of misuse of the privilege of bail, the petitioner was not involved in any criminal case. In the facts and circumstances of the case, the petitioner, Md. Taimur Hussain @ Md. Taimur, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, FTC-5, Purnea in Sessions Trial No. 177/01(arising out of Purnea Sadar P.S. Case No. 62/95)with the condition that one of the bailors must be one of his parents and further that the petitioner shall make himself available in the court below on each and every date unless and until his presence is waived by the court below in accordance with law. SC ( Dr. Ravi Ranjan, J.)