IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43525 of 2008 1.SHIVJEE CHOUDHARY son of late Saryug Choudhary. Resident of village-Barbana, Police Station-Singheshwar, Dist.-Madhepura 2.Ashok Das son of Dashrath Das, Resident of Pastpar, Police Station-Pastpar, District-Saharsa 3.Mannu Ram @ Mantu, son of Dashrath Ram, Resident of village-Singheshwar, Police Station- Singheshwar, District-Madhepura. 4.Kailu Laheri son of Mehman Laheri Resident of village-Singheshwar, Police Station- Singheshwar, District-Madhepura. 5.Pappu Ramani son of Chandeshwari Ram, Resident of village-Singheshwar, Police Station- Singheshwar, District-Madhepura. Versus STATE OF BIHAR ----------- 2. 28.11.2008. Heard learned counsel for the petitioner and the State. Submission is that the petitioners are in custody for misuse of privilege of bail. Misuse is of only one date. It was not deliberate rather on account of laches on the part of Pairvikar of the petitioners. It appears that on 11.6.2008 one prosecution witness namely, Anand Bihari was present in the court. On that date no step was taken by the petitioners. So their bail bonds were cancelled. The step taken by the petitioners for not filing the attendance was only with a view that the witness should not be examined. Considering the facts and circumstances of the case I direct that the above named petitioners should be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-1, Madhepura in connection with S.T. No.214 of 2005 arising out of Singheshwar P.S.Case No.65 of 2004 after examination of prosecution witness, namely, Anand Bihari, who was present in the court on 11.6.2008. One of the bailors must be a government/semi government employee. Md.S. (Shyam Kishore Sharma,J.)