IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15241 of 2009 PRABHU SAH @ PRABHU LAL SAH Versus STATE OF BIHAR ----------- 02/ 18.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for bail has been filed by the petitioner, who is an accused for offences punishable under sections 3, 4 and 5 of the Explosive Substance Act. Learned counsel for the petitioner submits that this is a case with regard to misuse of the privilege of bail. He further submits that the petitioner was enlarged on bail on 06.11.1992 on the order of this Court but due to his absence the said bail was cancelled on 13.07.1993. He further submits that on 18.03.2008 the petitioner was again arrested and has remained in custody for much more than a year. He also avers that the petitioner is suffering from cancer due to which he could not appear and the Doctor’s certificate is appended as Annexure 2 to this petition. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Accordingly, let the sole petitioner, namely, Prabhu Sah @ Prabhu Lal Sah be enlarged on bail on executing bail bond of Rs.10,000.00 (ten thousand) with two sureties of the like amount each to the satisfaction of learned 5th Additional Sessions Judge, Muzaffarpur in connection with Sessions Trial No. 521/2001, arising out of Saraiya P.S. Case No. 43/1992 dated 07.03.1992 MPS/ ( S. N. Hussain, J. )