IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18595 of 2010 NAGENDRA NANDAN SAHA Versus STATE OF BIHAR ----------- 4. 30.6.2010. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Case No.634 of 2005 arising from Sadar P.S.Case No.32 of 2003 for the offence punishable under sections 147, 323, 341, 307, 436, 447 and 440 of the Indian Penal Code. This is a case of misuse of privilege of bail. The petitioner had earlier been granted bail by the court below. Learned counsel for the petitioner submits that until the commitment of the case on 20.8.2005, the petitioner remained physically present in the court and that it is on account of lack of communication between him and his pairvikar, he defaulted in his presence resulting in the cancellation of his bail bond. Learned counsel submits that the petitioner who is aged more than 60 years, undertakes to be present himself in the trial court without any break. Taking into consideration the submissions 2 of the learned counsel for the petitioner, let the petitioner, Nagendra Nandan Saha be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, F.T.C.no.2, Purnea in connection with Sessions Case No.634 of 2005 arising out of Sadar P.S.Case no.32 of 2003, subject to the conditions that the petitioner would present himself in court below on each and every date fixed in the case and the failure on the part of the petitioner to present himself before the court below on two consecutive dates fixed without reasonable explanation to the satisfaction of the trial court, would entitle the court below to initiate proceedings for cancellation of his bail bond and for taking him into custody. (Jyoti Saran,J,) ahk