IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29540 of 2010 KALI KANT JHA son of late Kusheshwar Jha, r/o village Belam, P.S. Sakri, Dist. Madhubani…petitioner. Versus THE STATE OF BIHAR O.P. ----------- 2 6.10.2010 Heard the parties. The petitioner seeks bail in a case of misuse of privilege of bail. Learned counsel for the petitioner submits that petitioner was granted bail on merit in a criminal prosecution registered under sections 302/201/34 of the Indian Penal Code by order dated 31.1.2006 by a bench of this Court whereafter he furnished his bail bond and was released on bail. It appears that petitioner made pairvi for some time and thereafter petitioner went to Delhi where he claims to be a priest in a temple. The pairvikar of the petitioner did not make pairvi on behalf of the petitioner as a result of which his bail bond was cancelled on 19.1.2007 and thereafter his trial was separated by order dated 8.10.2007. It is also submitted that petitioner is very old man aged about 72 years and he is languishing in judicial custody since 4.8.2010 and as such he has been sufficiently punished for the alleged misuse of privilege of bail. In the facts and circumstances stated above, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of 3rd Additional Sessions Judge Madhubani in connection with Sakari P.S. Case no. 166 of 2005 dated 29.5.2005 2 corresponding to Sessions Trial No. 408A/05 subject to conditions: (a) That one of the bailors must be Govt. servant. (b) Other bailor shall be close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. (c) The petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. M.Rahman ( Birendra Prasad Verma, J )