IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6998 of 2010 MADAN DUSADH @ MADAN PASWAN, Son of Late Ram Saran Paswan, R/o Faehchand, P.S. Barh, District Patna …. Petitioner Versus STATE OF BIHAR … Opposite Party ----------- For the petitioner : Mr. Manoj Kumar Pandey, Advocate For the S t a t e : Mr. Uma Shankar Pd. Singh, A.P.P. ---------- 3 12.03.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 452 and 395 of the Indian Penal Code. Learned counsel for the petitioner submitted that earlier the petitioner was granted bail on 4.10.1991 in S.Tr. No. 468 of 1981. However, charges were framed on 17.12.1992 in S.Tr. No. 468 of 191. Thereafter the allegation is that petitioner did not attend the Court proceeding. Petitioner had again been remanded in the present case on 21.5.2008. The case was committed to the Court of Sessions on 10.8.2009 and charges have been framed on 1.9.2009. It is stated that petitioner is an old person aged about 90 years. Unfortunate case in which a trial with regard to a police case registered in the year 1979 is still pending. 2 Learned counsel for the State submitted that it is a case of misuse of privilege of bail for several years. In view of the period of incarceration and old age, the petitioner, MADAN DUSADH @ MADAN PASWAN, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge, Barh in connection with Sessions Trial No. 1017 of 2009 arising out of Barh P.S. Case No. 28 of 1978, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. Further the petitioner shall remain present on each and every date during the course of trial. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. Spd/- (Dr. Ravi Ranjan, J.)