IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39858 of 2009 Sri Krishna Verma, s/o Late Ram Gulam Singh, resident of village- Mahadeo Math, P. S. Salkhua, District- Saharsa…… Petitioner. Versus STATE OF BIHAR ----------- 2. 23.11.2009. Heard counsel for the petitioner and counsel for the State. It is a case of misuse of privilege of bail. The petitioner who was granted bail pertaining to a case of the year 1997 is said to have misused the privilege of bail since 3.1.2001. When the petitioner was in judicial custody in connection with another case, he was remanded in the present case on 18.8.2009. The petitioner in such circumstances when he had not only misused the privilege of bail by absconding but also had become accused in yet another criminal case during the period he was enlarged on bail, would not deserve any sympathy . In fact, the court below had rightly made an observation giving him a liberty to renew his prayer for bail after a period of four months in the event his trial would not be concluded. Learned counsel for the petitioner however has cited before this court an order 2 of court below dated 10.11.2008 pertaining to co-accused Kappu Singh wherein he is said to have been released on bail after being kept in custody for almost one month. In the opinion of this court, such order could have been cited by the petitioner before the court below itself. That having not been done this court would not find the said order to be a correct order specially when this court would find that out of nine accused persons four of them including the petitioner and aforementioned Kappu Singh are said to have been absconding at one point of time or other. Trial in fact had unnecessarily been delayed on account of misuse of privilege of bail by the petitioner and as such this court would direct the court below to ensure that charges against the petitioner even if it requires segregation of the case of the petitioner with other co- accused persons, be framed within a period of three months from the date of receipt/production of a copy of this order. After the charges are framed, the petitioner namely, Sri Krishna Verma shall be enlarged on bail on his furnishing bail bond of 3 Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sri J. P. Kisku, learned Judicial Magistrate, Ist Class, Saharsa in connection with Salkhua P. S. Case No. 10 of 1997(G.R. No. 76/97), subject to the condition that the petitioner shall remain present hereinafter on each and every day in course of trial and his absence even for a single day without any reasonable cause, would entail the automatic consequence of cancellation of his bail. kanchan (Mihir Kumar Jha, J.)