IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6941 of 2010 ASHOK DUBEY @ ASHOK KUMAR DUBEY Versus STATE OF BIHAR ----------- 2 3.3.2010 Heard Mr. B . J . Ojha, learned counsel appearing for the petitioner and Mr. Upendra Kumar, learned A.P.P. for the State. Petitioner is an accused in a case instituted under section 47 (1)(a) of the Excise Act. It is submitted by learned counsel for the petitioner that petitioner was granted bail in the present case and he was making regular pairvi for several years. However, no pairvi could be made after 15.12.1997 and now he is in judicial custody since 16.11.2009. It is true that it is case of misuse of privilege of bail and the case is very old one. In the facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Shri Sanjay Kumar, J.M. Ist class, Buxar, in case no. 347 GR 84/864 Tr. 05, subject to the condition that one of the bailors must be either Govt. servant or some elected person of the Panchayat and other bailor must be a family member. It is further made clear that if the petitioner does - 2 - not make regular pairvi in the court below on each and every date either by appearing personally or through representation of his lawyer, then in that case the court below shall be at liberty to cancel his bail bond. The court below is also directed to conclude the trial of the petitioner as early as possible preferably within six months from the date of receipt/production of a copy of this order. (Birendra Prasad Verma, J) M.Rahman