IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15926 of 2010 Md. Mansoor @ Md. Mansoor Mian, son of Md. Ishrail Mian, resident of Harpur Machiya, P.S. Kanti, District Muzaffarpur………………..Petitioner Versus The State of Bihar…………Opposite party. ----------- 02/ 19.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. This petition for bail has been filed by the petitioner, who is an accused for offences punishable under sections 307, 323 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that this case is with respect to misuse of the privilege of bail, as earlier the court below allowed the petitioner’s petition for bail on 24.11.1993, whereafter the case was committed to the court of sessions on 13.07.1994. However, summon of the case was issued on 28.02.2004, but it was received by another person and not by the petitioner, who was outside the village for earning his livelihood and hence when the petitioner could not appear his bail bond was cancelled on 15.07.2004. It is also stated that as soon as the petitioner learnt about it, he surrendered on 29.03.2010 along with petition for bail, which was rejected. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Let the petitioner, namely Md.Mansoor @ Md. Mansoor Mian be released on bail on furnishing bail bond of Rs.10,000.00(Rupees ten 2 thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, Fast Track Court No.III, Muzaffarpur in connection with Sessions Trial No.385 of 1994 arising out of Muzaffarpur Town P.S. Case No.428 of 1993. harish/ ( S. N. Hussain, J. )