IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11242 of 2009 BIRAHIM DOM son of Late Hawaldar Dom, R/o village Pirauta,P.S.Ara Mufassil,Distt.Bhojpur. Versus STATE OF BIHAR ----------- 2. 01.5.2009. Petitioner is facing prosecution in Sessions Trial No.104A of 1994 arising out of Ara (Mufassil) P.S. Case No.33 of 1989 registered under Section 395 of the Indian Penal Code. Mr. Arun Kumar Pandey appears on behalf of the petitioner, whereas the State is represented by Mr. Jai Shankar Prasad, Additional Public prosecutor. It is a case of misuse of bail as the petitioner after getting bail, had absconded for about seven years. It is submitted that the petitioner is a poor man and he had gone to Kanpur for his livelihood and could not be informed by his pairvikar regarding the position of the case. Learned Counsel for the State submits that it is a case of misuse of privilege of bail for a long period. In the facts and circumstances of the case, I allow this application and direct that petitioner Birahim Dom be enlarged on bail on furnishing 2 Bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-Fast Track court No.V, Bhojpur at Ara in the aforesaid case, subject to further conditions that one of the bailors should be his full brother as also that he shall be personally present on each an every date before the trial court until and unless his presence is waived by the court concerned in accordance with law. ahk (Dr.Ravi Ranjan,J.)