IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.26702 of 2009 RAM SWARUP SAHNI Versus STATE OF BIHAR ----------- 3/ 08.09.2009 Heard learned counsel for the petitioner and the State. This case reflects misuse of the privilege of bail. Petitioner was made accused in relation to an occurrence that has been taken place in the year 1990. He was granted bail on merit. It appears that on 07.11.2000 the bail bonds was cancelled as petitioner defaulted in appearance. On 23.01.2009 the petitioner surrendered and since then he is in custody. The impugned order reflects that the trial was delayed on account of his non-appearance. It is contended that the case has been committed to the Court of Sessions. Having regard to the facts appearing on record this court while declining the prayer for bail of the petitioner, disposes of the present bail application in the following manner: Let the learned trial court make all endeavour to examine all the prosecution witnesses at the earliest. No sooner charges are framed against the petitioner, the trial court shall enlarge the petitioner on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sorties of the like amount each to the satisfaction of Assistant Sessions Judge Vth, Muzaffarpur in connection with Sessions Trial No. 91 of 1995 (Baruraj P.S. case no. 68 of 1990), the same shall be subject to the following conditions: (i) One of the bailors should be the own / close - 2 - family member of the petitioner. (ii) Petitioner shall appear before the court below in person on each date fixed at the trial. In case of default in such appearance on two consecutive dates, it shall be open to the trial court to cancel his bail bond and secure his arrest in accordance with law. Uday/ (Kishore K. Mandal, J.)