IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37975 of 2009 HAZARI SINGH son of Sukho Singh, resident of village- Walipur, Police Station Pipariya, District ….Petitioner. Versus THE STATE OF BIHAR . ----------- 3. 11.11.2009 Heard counsel for the petitioner and counsel for the State. It is a case of misuse of privilege of bail. Earlier the petitioner was granted bail by this Court on 23.12.1986 but the petitioner had absconded from 17.2.1988 and could be ultimately apprehended on 22.2.2008 i.e. exactly 20 years. Counsel for the petitioner while pressing the present bail application would submit that even after 22.2.2008 there is no progress in the trial for offence which is said to be committed sometimes 23 years back inasmuch as charge has not been framed till date. Counsel for the petitioner further says that the petitioner is an old man and undertakes to remain present on each and every date of trial without fail. Considering all the aforementioned aspects and taking into account that the petitioner has remained in custody for a period of nearly 21 months only for misuse 2 of privilege of bail and no progress could be made in the trial in this period, this court would direct for release of the petitioner namely, Hazari Singh on bail on his furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of SDJM, Lakhisarai in connection with G. R. 592 (A) of 1986 arising out of Lakhisarai P. S. Case No. 217 of 1986, one of the sureties must be furnished by a close family member of the petitioner, either of his son or his wife. This bail is being granted on a specific condition that the petitioner must remain present on each and every date of trial and his absence for even one day during trial without any cogent reason, would entail automatic consequence of cancellation of his bail under this order. kanchan (Mihir Kumar Jha, J.)