IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37088 of 2009 CHHOTU KUMAR @ CHUCHU Versus STATE OF BIHAR ----------- 02/ 03-11-2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner is an accused in Nawadah Muffasil P.S. Case No. 11 of 2004 for offences punishable under Sections 399 and 402 of the Indian Penal Code. The petitioner had earlier been granted bail by this Court vide order dated 23.12.2004 passed in Criminal Misc. No. 39735 of 2004. This is a case of misuse of bail inasmuch as in absence of proper pairvi, the bail bond of the petitioner was cancelled by the court below by order dated 5.7.2007. Learned counsel appearing on behalf of the petitioner has tried to explain the reasons which led to cancellation of his bail bond. Learned counsel further submits that petitioner has been taken into custody on 20.07.2009 but has been remanded in the present case on 4.9.2009. Considering the facts and circumstances, let petitioner Chhotu Kumar @ Chuchu be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Fast Track Court II, Nawadah in connection with Sessions Trial No. 305/04 / 359/04 arising out of Nawadah Muffasil P.S. Case No. 11 of 2004 subject to the conditions that:- - 2 - (1) One of the bailors would be the own family members of the petitioner; (2) The petitioner shall appear in person before the court below on each and every date fixed in the trial. In case the petitioner fails to attend trial on two consecutive dates without there being any reasonable explanation to the satisfaction of the court below, the court below shall have the liberty to cancel the bail bond of petitioner and to take him into custody. S.Sb/- (Jyoti Saran, J.)