IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32371 of 2008 VIJENDRA RAM Versus STATE OF BIHAR ----------- 3. 5.9.2008 Heard. The present petitioner does not have anything to do with the merits of the facts or allegations, it is a prayer on account of the petitioner being in custody due to having misused the privilege of bail for as long as a period of 14 years. This may appear from the rejection order itself that in spite of the case being of the year 1977 the petitioner was in attendance of the court up to 26.6.1993 on which date his bond was cancelled on account of not making any pairvi and subsequently, after exhausting all processes and following all procedures, the case of the petitioner was separated and the petitioner was declared an absconder. The contention is that the lower court has itself indicated that case diary of the case was not available and that no document in respect of the case including the FIR could be made available to the court below. In spite of such a difficult situation which is being placed - 2 - by the learned Judge the petitioner has been kept in custody for sixteen months without even explaining the charges to him. As things stand as recorded by the learned Judge himself, it is useless to keep the petitioner in custody. No steps could be taken towards initiating the trial proceedings and, as such, I direct the release of the above named petitioner on bail on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Fast Track Court No.I, Patna in S.T.No.574(A) of 1981(Dhanarua P.S.Case no.7 of 1977) with condition that petitioner shall remain physically present on all dates and the court below shall make all endeavours, obtain the record of the case from the concerned police station or to the office of the S.P. Patna within two months and framing the charges. B.Kr. ( Dharnidhar Jha, J. )