IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21427 of 2009 MAHENDRA DUSADH Versus STATE OF BIHAR ----------- 3 10.08.2009 Heard both sides. This case reflects misuse of privilege of bail. Petitioner was granted bail in a case instituted under Sections 323/354/376 and 511 of the Indian Penal Code. It appears that he continued to appear before the Court below for some time. Ultimately, on 4.8.2003 his bail bond was cancelled and under order dated 16.5.2005 he was declared absconder. Petitioner has been apprehended and he is in custody since 4.8.2008. Impugned order reflects that the trial is going on. In the facts and circumstances, let the petitioner namely, Mahendra Dusadh be enlarged on bail on furnishing bail bond of a sum of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Gaya in connection with Imamganj P.S. Case No. 44 of 2 1999. Subject to the following conditions:- 1. One of the bailors shall be own/close family member of the petitioner and another shall be either government servant or local elected representative. 2. The petitioners shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/ satisfactory reason, the bail bonds of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with law. Bibhash (Kishore K. Mandal, J. )