IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7858 of 2010 YOGENDRA SINGH, Son of Late Parmanand Singh, resident of Mohalla- Masopur, Lochna, P.S. Punpun , District-Patna ----------- Petitioner Versus STATE OF BIHAR ----------- 02 16-03-2010 Heard Mr. Sheo Shankar Prasad, learned counsel for the petitioner, and the learned A.P.P. for the State. The petitioner, who is in custody in connection with Punpun P.S. Case No.51 of 1988, corresponding to Sessions Trial No.288 of 1990 for offences under Sections 341,323 and 307 of the Indian Penal Code, has prayed for grant of bail. The petitioner is in jail due to default in his appearance before the court below. The petitioner was earlier granted bail in the present case by the court below. However, due to non-appearance his bail-bond was cancelled on 31.3.2004. The petitioner thereafter was taken in custody on 10.11.2009 and since then he is in custody. Since it was case of misuse of the privilege of bail, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two - 2 - sureties of the like amount each to the satisfaction of the learned F.T.C.No.IV,Patna , in connection with S.T.No.288 of 1990, arising out of Punpun P.S. Case No.51 of 1988 with a condition that on each and every date fixed by the court below , the petitioner shall remain present, failing which his bail bond shall stand automatically cancelled, provided that in special exigency the petitioner can make a prayer before the court below for prior permission for his non-appearance on a particular date and if such prayer is made before the court below, the court below may examine such prayer on its own merit. However, further condition would be that one of the bailors should be either wife or own brother of the petitioner. With the above observation and direction, the bail petition is allowed. NKS/- ( Rakesh Kumar, J)