IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20123 of 2010 LAKHAN SAHNI SON OF LATE KRIPALI SAHNI, RESIDENT OF VILLAGE MAKSUDAN PAKARI, P.S. LALGANJ, DISTRICT VAISHALI. ---- PETITIONER. Versus STATE OF BIHAR--- OPP.PARTY. ----------- For the petitioner: Mr. Ravindra Kumar Singh, Adv. For the State : Mr.Amitesh Kumar, A.P.P. ----- 2/ 14.06.2010 Heard the parties. Petitioner seeks bail in a case of misuse of privilege of bail. It is submitted that the petitioner was made an accused with respect to a case instituted for the offence under section 395 of the Indian Penal vide Annexure-1 and he was granted bail in that case. The petitioner made regular pairvi for about fifteen years till 1998, but trial of the petitioner could not be concluded. Thereafter due to mistake on the part of the pairvikar, regular pairvi on behalf of the petitioner was not made, as a result of which his bail bond was cancelled. It is also submitted that now the petitioner is an old man aged about 75 years and he has voluntarily surrendered on 25.03.2010 and he is prepared to cooperate for early conclusion of the trial. Be that as it may, in the facts and circumstances let the above named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of - 2 - Learned A.D.J., F.T.C., IVth, Vaishali at Hajipur, in connection with S.Tr. No. 119 (A) of 1987, arising out of Lalganj P.S. Case No. 287 of 1983 subject to the conditions : (A) one of the bailors must be government servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) 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 bonds of the petitioner. The learned trial court is directed to make all endeavour to conclude the trial of the petitioner as early as possible preferably within a period of one year and if the petitioner does not cooperate in early conclusion of the trial, then it would be treated as misuse of the privilege of bail and on that ground alone bail bond of the petitioner shall be liable to be cancelled by the learned trial court. - 3 - ( Birendra Prasad Verma, J ) BTiwary/