IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20735 of 2009 RAJENDRA YADAV Versus STATE OF BIHAR ----------- 3. 30.07.2009 Heard the parties. This case reflects the misuse of privilege of bail. The petitioner has been made an accused in a case instituted under section 302 IPC which was lodged sometime in the year 1992. He was granted bail. Subsequently under order dated 21.5.1995, his bail was cancelled as he defaulted in appearance. The petitioner was subsequently arrested and he is in custody since 7.01.2009. The impugned order reflects that because of his non-appearance the trial was separated. Some of the co- accuseds have already been tried and convicted. Learned counsel for the petitioner submits that charges in the present case (S.T.No.479(A)/of 1993) have not been framed. Let the trial court take steps and frame the charges against the petitioner within two months from the date of receipt/production of a copy of this order. No sooner charges are framed, the trial court shall release the petitioner on bail on his furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to its satisfaction in connection with Phulparas P.S.Case No.52 of 1992 , S.T.No.47(A)/of 1993 subject to the conditions that one of the bailors of the - 2 - petitioner shall be his close/own family member and he shall appear on each date fixed in trial. In case of non-appearance on two consecutive dates, the trial court shall cancel his bail bonds and secure his arrest. With aforesaid directions/observation, the application is disposed of. hr ( Kishore K. Mandal )