IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18130 of 2009 Sakal Rai, son of Late Sita Ram Rai, resident of Village- Kanhauli Mansipur, P.S. Mahuwa, District-Vaishali. …..Petitioner. Versus The State of Bihar ……………………..Opposite Party. ----------- For the petitioner :- Mr. Anjum Perveen, Advocate. For the State :- Mr. Jaya Shankar Pd. Singh, A.P.P. 2. 28. 05. 09. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. It is a case of misuse of privilege of bail. Learned counsel for the petitioner submits that the petitioner had gone to Punjab for earning his livelihood and does not have any knowledge of development of the case and due to communication gap with his Pairvikar, he could not do pairvi and 20. 12. 2002, his bail bond was cancelled. Thereafter, petitioner was declared absconder on 12. 09. 2007. However, he was remanded in this case from another case on 15. 10. 2008. It is further submitted by the learned counsel for the petitioner that in the other case petitioner has been granted bail by a Bench of this Court vide order dated 11. 02. 2009, passed in Cr. Misc. No. 1086/2009 which was in connection with Mahua P.S. Case No. 88/2007. It is further submitted that the petitioner is 60 years old person and the only bread earner of his family. In the facts and circumstances of the case, I direct the petitioner, namely, Sakal Rai, to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like - 2 - amount each to the satisfaction of the Additional District & Sessions Judge Vth, Vaishali, in connection with S.T. No. 347/87 arising out of Garaul P.S. Case No. 88/81 with further condition that one of the bailors must be one of his family members and also that petitioner will abide by his undertaking to appear on each and every date of trial before the trial court unless his presence is dispense with by the trial court by passing an order in accordance with law. m.p. (Dr. Ravi Ranjan, J.)