IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12246 of 2009 DIPU KUMAR @ DIPU SAO Versus STATE OF BIHAR ----------- 3 14.7.2009 Heard learned counsel for the petitioner and learned APP for the State. It is a case of misuse of privilege of bail. Admittedly the petitioner was enlarged on bail on 14.2.2007 by the High Court in Sultanganj P.S. Case no. 233 of 2006 which was registered under sections 394 and 411 of the I.P.C. read with some sections of the Arms Act. At the time of granting bail to the petitioner the High Court categorically stated in the order that the petitioner shall physically appear in the court below on each and every date and he shall not commit any other offence but he failed to do so on a particular date i.e. 9.10.2007 and therefore his bail bond was cancelled. Petitioner has surrendered on 17.2.2009. Learned counsel for the petitioner submits that he has bona fide ground not to appear in the court below on the date because his mother was unwell and he is again willing to abide by earlier direction of the Court to appear before the court on each and every date and shall not indulge in any adventurism of the kind again. Taking the entirety of the matter, let the petitioner, namely, Dipu Kumar @ Dipu Sao be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two - 2 - sureties of the like amount each to the satisfaction of Sri P.K. Singh Srinet, Judicial Magistrate, 1st Class, Patna city in connection with Sultangaj P.S. Case No. 233 of 2006. One of the sureties will be executed by the wife of the petitioner, namely, Sangeeta Devi on due identification by the court below. Let it be further recorded that in terms of the earlier order dated 14.2.2007 the petitioner will physically appear in the court below on each and every date and he shall not commit any other offence. RPS (Ajay Kumar Tripathi,J.)