IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39872 of 2010 JAHAJ MUSHAR SON OF LATE DASAI MUSHAR RESIDENT OF VILLAGE-BALUA,P.S.-ARA MUFFASIL,BHOJPUR. Versus STATE OF BIHAR ----------- 2 20.12.2010 Heard Sri Rajani Ranjan Prasad Singh, learned counsel for the petitioner and Sri G.N.Thakur, Additional Public Prosecutor. Petitioner was earlier granted bail in Ara Muffasil P.S. Case No.54/90 which was registered for the offence under section 302 and other allied sections of the Indian Penal Code. However, petitioner after being released on bail did not cooperate and as such his bail bond was cancelled in the year, 1993 itself. The petitioner could be arrested only on 16.8.2010 and he is in custody. Learned counsel for the petitioner submits that the petitioner may be granted bail by imposing any condition. Learned Additional Public Prosecutor has opposed the prayer for bail. In view of the fact that it is a case of misuse of privilege of bail there is no reason to deny the prayer for bail. However, keeping in view the fact that the case was 2 committed to the court of Session long back in the year 1992 and the trial has not commenced, it would not be desirable to direct for release of the petitioner on bail unless charge is framed. It was submitted by the learned counsel for the petitioner that there are other accused persons also who are still absconding and as such there is no possibility of framing of charge at an early date. The court below is directed to take every step to frame charge within a period of two months from the date of receipt / production of a copy of this order. In case of none appearance of other accused persons the case of the petitioner can be separated and charge can be framed. After framing of the charge the petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of 5th Additional Sessions Judge, Bhojpur at Arrah, in S.Tr.No.157/92 arising out of Ara Muffasil P.S. Case No.54/92 with condition that one of the bailers should be close family member of the petitioner. With further condition that during the trial the petitioner shall remain physically present on each and every date failing which his bail bond shall stand automatically cancelled, 3 provided that in special exigency on prior permission of the trial court the petitioner can remain absent on a particular date. Anilkr.sinha (Rakesh Kumar,J.)