IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6168 of 2011 SIKANDAR MUKHIA @ SIKANDAR MALLAH Versus THE STATE OF BIHAR ----------- 02. 23.03.2011. None appears. The case is of misusing the privilege of bail by not appearing before the court below on the date which was fixed for framing of charges and the petitioner was directed to remain physically present along with others. As may appear from the record, the petitioner was not the only defaulter, there were other defaulters also and some of them, like, Sanker Mallah and Mahagu Mallah have been admitted to bail by different Benches of this Court in Cr.Misc.Petitions No.4140 of 2011 and 19281 of 2009. Considering the above facts and circumstances, let the above named petitioner be released from custody on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-V, Supaul in S.Tr.No.67 of 2003/S.Tr.No.145 of 2003 arising out of Jadia P.S.Case No.93 of 2002 with following 2 conditions:- (1) That the petitioner shall remain physically present on all dates unless his absence is condoned under Section 317 Cr.P.C. by the court below for reasons which must be shown to the satisfaction of the court below. (2) That whenever the court issues a specific direction for the physical appearance of the petitioner any avoidance on behalf of the petitioner shall be sufficient for the court below to assume that this court had never passed the present order and the court shall cancel the bond of the petitioner and to commit the petitioner into custody. (3) For, the present order is being passed in absence of the petitioner, the court below shall get the petitioner produced before himself and explain the two conditions to him before releasing the petitioner. B.Kr. ( Dharnidhar Jha,J.)