IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22913 of 2009 MAHENDRA MANDAL, SON OF LATE RAM MANDAL RESIDENT OF VILLAGE LAXMIPUR BHITTA, P.S. BARHARA, DISTRICT PURNIA Versus STATE OF BIHAR ----------- 2. 13.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is of misuse of privilege of bail. Petitioner, who was made accused in the case instituted under Sections 25(A), 26 and 35 of the Arms Act, was allowed bail by the court below. It appears that bail bond of the petitioner was cancelled on 17.5.1992 and he was declared absconder on 18.2.2002 i.e. after ten years. Thereafter the petitioner was apprehended on 15.1.2009. It is stated that the petitioners is a rustic villager and he had gone outside the State to earn his livelihood entrusting the pairvi of the case to a clerk of an Advocate. Therefore, he could not know about the cancellation of his bail bond and when he came back, he has been arrested on 15.1.2009 and since then he is in custody. Considering the fact that the petitioner is a rustic and illiterate villager, the application is allowed. Petitioner (Mahendra - 2 - Mandal) is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.K. Tripathi, Judicial Magistrate, Ist Class, Purnea in connection with Barhara P.S. Case No.48 of 1990 on the condition that the petitioner shall appear in the court below on each and every date of the case and shall not absent from the court without its prior permission failing which the court below will be at liberty to cancel his bail bond and take immediate steps for his arrest. B.T (J.N. Singh, J.)