IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32169 of 2008 NIRANJAN KUMAR SINGH Versus STATE OF BIHAR ----------- 2. 22.8.2008 Heard. The court was not inclined after hearing the learned senior counsel for the petitioner to admit the petitioner to bail but as soon as the court was shown an order passed by the learned Judge in the case in respect of an accused Birendra Prasad which is dated 6.11.1988 the court was forced to change its opinion inasmuch as in case of similarly absconding accused the court below was taking a view that it could be a case of first appearance and in the case of the present petitioner the court was taking a view that it was a case of long misuse. If it could be a case of long misuse on account of absentia from commitment of the case, the case of Birendra Prasad was also committed in his absence and he was granted bail by saying that it was a case of first appearance for him. The contention is that no process of the court in any form was ever served upon the petitioner and he being a resident of the district of Rohtas was at the particular point - 2 - of time residing in Purnia in connection with prosecuting his studies and it was on account of youthful exuberance that the petitioner indulged in the offence as alleged. As soon as the petitioner had the knowledge about the case he surrendered to the custody. Under the facts of the case and in the light of the case of Birendra Prasad, 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, Fast Track Court-3, Purnea in Sessions Trial No.5 of 1990(K.Hat, Purnea P.S.Case no.0290 of 1983). B.Kr. ( Dharnidhar Jha, J. )