IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19768 of 2010 MD.HASAN AHMAD @ MINTOO Versus STATE OF BIHAR ----------- 2. 17.6.2010. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. This is a case of misuse of privilege of bail. The petitioner is in custody in connection with Kotwali P.S. Case No.209 of 2008 for the offence punishable under section 387, 324, 307, 120B/34 of the Indian Penal Code and section 3/4 of the Explosive Substance Act. The petitioner was granted bail in the said case vide order dated 21.10.2008 and as he was in custody in connection with Kotwali P.S.Case No.258 of 2008, hence he could not be released. The petitioner was granted bail in Kotwali P.S.Case No.258 of 2008 on 1.5.2009. Learned counsel for the petitioner submits that due to communication gap, the petitioner could not present himself on the due dates despite the bail having been granted on 21.10.2008 in the present case and as a consequence whereof, his bail bonds were cancelled on 19.1.2009 while he was in custody in the second case. The petitioner 2 had subsequently surrendered on 4.3.2010 and undertakes to abide by the stipulations allowed by this court for consideration of bail. Having regard to the submissions aforesaid, let the petitioner Md. Hasan Ahmad alias Mintoo be released on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District Judge, F.T.C.III, Bhagalpur in connection with Sessions Case No.458 of 2010 arising from Kotwali P.S.Case No.209 of 2008 (G.R.No.959 of 2008), subject to the conditions that the petitioner would be attending the trial of the case on each and every date fixed and failure on his part to attend the trial on two consecutive dates fixed without reasonable explanation to the satisfaction of the trial court, would confer liberty to the court concerned to initiate proceedings for cancellation of his bail bond and for taking him into custody. ahk (Jyoti Saran, J.)