IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31516 of 2008 PAPPU CHOUDAHRY Versus STATE OF BIHAR ----------- For the petitioner: Mr. Sheik Arkan Ahmad For the State: Choubey Jawahar , A.P.P. 3 13.8.2008 Heard learned counsel for the petitioner and the State. This is case of misuse of privilege of bail of more than about 9/10 years. Petitioner is facing trial under section 25(1-b) and 26 of the Arms Act. Learned counsel for the petitioner submits that petitioner is a poor labourer and used to go out side the Sate for earning livelihood therefore, he could not attend the court and his bail bond has been cancelled. Petitioner is in jail custody since 18.9.2007 and thus he has remained in jail for 11 months for the present and he had also remained in jail since 30.12.1996 to 2.9.1997 and if the period of custody is counted from the date on which he was apprehended after the earlier cancellation of bail that is 27.9.1994 then he has remained in jail custody for about 21 months in all. He further submits that he undertakes not to repeat such mistake again. Learned counsel for the State submits that earlier also his bail bond was cancelled on 27.9.1994 and he was granted bail again on 2.9.1997 but again he absconded and his bail bond was cancelled.. In the facts and circumstances of the case and in view of the submission made on behalf of the parties let petitioner Pappu Choudhary be released on bail on furnishing bail bond of Rs. 10,000/- - 2 - (ten thousand) with two sureties of like amount each to the satisfaction of Smt. Seema Sinha, J.M. Ist class, Gaya in Muffasil P.S. case no. 46 of 1994, Tr. No. 24/99 subject to the conditions (i) that one of the bailors should be Govt. / Semi Govt. employee and (ii) petitioner shall appear in the court below on each and every date fixed in the trial and he will not absent himself without showing cogent reason and without proper permission of the trial court in accordance with law. Rahman/ (Dr. Ravi Ranjan, J)