IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23964 of 2008 VIJAY RANJAN KUMAR @ SUSHIL KUMAR YADAV Versus STATE OF BIHAR ----------- 2. 21.07.2008 Heard. This is a case of misuse of privilege of bail by way of absenting for four years and also not complying the terms under which the petitioner was granted bail by this Court. The petitioner was granted bail by this Court vide order dated 12.2.2002 passed under Cr. Misc. No. 34481 of 2001 whereby he was directed to deposit of Rs.52000/- as taken by the petitioner during his tenure as Assistant Teacher. Deposit being in the nature that Rs. 20,000/- had to be deposited in government account in one lump sum and remaining Rs.32000/- had to be deposited in six months in suitable installments. The impugned bail rejection order dated 14.5.2008 of the learned Sessions Judge shows that the petitioner deposited Rs.20,000/- in one lump sum. Out of 32,000/- Rs. 3500/- was deposited on 8.7.2002 and Rs.1800/- was deposited on 30.7.2002 but, thereafter the petitioner did not deposit any further installment and he also absented in Court and remained absconding for four years and that he was remanded in this case on 12.7.2006 from one another case in which he had been arrested and that since then (12.6.2007) the petitioner is in custody. The learned counsel for the petitioner submits that due to poverty the petitioner could not deposit the further installment with regard to remaining money which had to be deposited by him. So far - 2 - the period of absconsion is concerned, the learned counsel for the petitioner submits that the petitioner has been sufficiently penalized for it because he is in custody continuously since 12.7.2006. The learned counsel also undertakes that the petitioner is ready to deposit the balance amount of Rs.26,700/- in one lump sum within the period of a fortnight. Mr. S. R. Haque, the learned A.P.P. does not point out any other material against the petitioner. In the facts and circumstances of the case it is hereby ordered that the petitioner, Vijay Ranjan Kumar @ Sushil Kuamr Yadav will be released by the concerned court below i.e. J. M. 1st Class, Khagaria on his furnishing bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each after the petitioner deposits a sum of Rs.26,700/- within a period of a fortnight from the date of receipt/production of this order. The petition is accordingly disposed of. The order may be communicated through fax at the cost of the petitioner. (C. M. Prasad, J.) Ravi/-