IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28147 of 2009 KRISH NATH JHA @ KRISHAN KUMAR JHA @ KRISHAN NANDAN JHA S/O Jateshwar Jha R/O Village-Bangan, P.S. Bajpatti, District-Sitamarhi. Versus STATE OF BIHAR ----------- 2 4/9/2009 Heard counsel for the petitioner and counsel for the State. Counsel for the petitioner submits that misuse of privilege of bail in this case is only for one date and therefore when the petitioner has remained in custody from 20.3.2009 and in fact has been granted bail in the main case on the basis of merit of allegations, his continuance in jail custody will not serve any purpose, inasmuch as, case is pending for argument from 20.3.2009. Considering the fact that the argument by now should have been over and the prosecution against the petitioner ought to have been concluded either way, this Court would direct for release of the petitioner, namely, Krish Nath Jha @ Krishan Kumar Jha @ Kishan Nandan Jha on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.3, Sitamarhi in Sessions Trial No. 265 of 1998 arising out of Pupri P.S. Case No. 118 of 1997, if his trial is not concluded by 19th September, 2009. It is, however, made clear that if after grant of bail to the petitioner, the petitioner would remain absent even on one 2 date, his bail would be deemed to have been cancelled and he will be taken into custody till conclusion of the trial. Abhay Kumar (Mihir Kumar Jha, J.)