IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34986 of 2010 Ram Narayan Bishwas, son of Late Ajab Lal Bishwas, resident of village Bijulia, P.S. Jalalgarh, District Purnia………………….Petitioner Versus The State Of Bihar………………………..Opposite Party ----------- 2 07.10.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. This is a case of misuse of privilege of bail. Learned counsel for the petitioner submits that after the case was instituted in 1987, petitioner had moved for bail and he was allowed anticipatory bail by the learned Sessions Judge himself. Thereafter the petitioner kept attending the court before charge sheet was submitted in 1993. As the petitioner could not appear in court on the first date, his bail bond was cancelled and warrant of arrest was issued against him. Petitioner could not know about the same and he was apprehended on 12.08.2010 and since then he is in jail. It is submitted that the petitioner was under impression that he was continuing on bail and the case was being looked after 2 by his pairvikar and his counsel in court. It is further submitted that since the case was pending, licence of the petitioner was cancelled and, therefore, to earn his livelihood, he went to Delhi and started some business there. As he was required to attend the court but he was not informed by his pairvikar, his bail bond was cancelled. Considering the above facts and circumstances and specially the fact that petitioner has been allowed anticipatory bail by the learned Sessions Judge himself, the application is allowed. Let petitioner (Ram Narayan Bishwas) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Sub- Divisional Judicial Magistrate, Purnea in connection with S.G.R. No.1647/87 arising out of Kusba (Jalalgarh) P.S. Case No.133/1987 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage 3 to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. In addition to the above conditions, petitioner shall also furnish a cash security of Rs.15,000/- (Rupees fifteen thousand) in the court below for his release which shall be refundable to him after final disposal of the case if he does misuse the privilege of bail. Since the case is of 1987, it is expected that the trial court shall proceed with the trial on day-to-day basis and make all efforts to dispose it of as soon as possible. BT (J. N. Singh, J.)