IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21658 of 2009 KALIM NAT Versus THE STATE OF BIHAR ----------- 03 31.08.2009 Heard both sides. This case reflects misuse of privilege of bail. In relation to an occurrence that had taken place in the year, 1995 a case was instituted under Section 307 of the Indian Penal Code. Petitioner was granted bail in the year, 1996. It appears, subsequently he left pairvi. No representation/ appearance on his behalf was filed. Accordingly, the bail bonds were cancelled. On 25.1.2007 trial of the petitioner was separated. On 13.5.2007 the petitioner was arrested and produced in the court. Record indicates that on 18.1.2008 case was committed to the Court of Sessions and thereafter on 27.3.2008 charges were framed. This Court, earlier by an order dated 9.7.2009 called for the status report. Said report is at Flag- ‘X’. Perusal of the report, indicates that although efforts were being made to secure attendance of the witnesses, but till date not a single prosecution witness has been examined in the case. In the circumstances, this Court while 2 declining the prayer for bail made on behalf of the petitioner disposes of the present application in the following manner:- (i) Let the trial court make all endeavor to secure attendance of the witnesses and examined at least one witness within two months from the date of receipt/ communication of this order in the court below. The trial court shall release the petitioner no sooner the first witness is examined in the case or on expiry of two months from the date of receipt/ communication of the order in the court below which ever is earlier. In the event petitioner is granted bail in terms of the order the same shall be subject to following conditions: (a) One of the bailors should be the own/ close family member of the 3 petitioner. (b) The petitioner shall appear in person on each date fixed at the trial until prevented by sufficient/ compelling reasons to the satisfaction of the trial court. In case of default in such appearance, it shall be open to the trial court to cancel his bail bond and secure his arrest in accordance with law. P.K. (K.K. Mandal, J.)