IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20102 of 2010 BAIJU @ BAIJUWA son of late Shankar Prasad, resident of P.M.C.H, P.S. Pirbahore, Dist. Patna…….Petitioner. Versus THE STATE OF BIHAR ----------- For the petitioner : Mr. A.K. Thakur, Advocate For the State : Mr. Nand Kumar, A.P.P. ----------- 2 14.6.2010 Heard the parties. Petitioner prays for bail in a case of misuse of privilege of bail. He was released on bail on 15.2.1999 in a case registered under section 307 of the Indian penal Code and some other offences, in which subsequently offence under section 302 I.P.C.was also added. It is submitted that petitioner made pairvi for about five years and for some valid reasons he could not make pairvi since 29.3.2004, as a result of which his bail bond was cancelled. It is further submitted that the petitioner is in judicial custody since 16.10.2008 and, therefore, he has been sufficiently punished for the alleged misuse of privilege of bail. In the aforesaid facts and circumstances, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court- III, Patna in connection with Sessions Trial No. 16/2000 arising out of Pirbahore P.S. Case No. 198/98 , subject to the conditions: (a) That one of the bailors must be Govt. servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) That petitioner shall make regular pairvi in the court below - 2 - in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. ( Birendra Prasad Verma, J. ) M.Rahman