IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31243 of 2009 CHHOTU KUMAR @ CHUCHU Versus STATE OF BIHAR ----------- 02 15.09.2009 Heard both sides. This case reflects misuse of the privilege of bail. Petitioner was made accused in a case instituted under Section 395 of the Penal Code. The occurrence has taken place sometimes in 2004. After having remained in custody for about a year he was released on bail under order dated 17.03.2005. Subsequently it appears that the bail bond of the petitioner was cancelled on 05.06.2007. Petitioner surrendered in this case on 20.07.2009 and since then he is in custody. Learned counsel for the petitioner, referring to the averments made in paragraph no.9, made an attempt to explain the circumstances under which no proper pairvee on his behalf was made in this case, resulting in cancellation of the bail bonds. It is contended that any fit and appropriate condition may be imposed while releasing him on bail. It has been assured that the petitioner shall appear on each date fixed at the trial. In the facts and circumstances of the case, let petitioner, above named, 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 Fast Track Court II, 2 Nawadah in connection with Sessions Trial No. 303/04/361/04 arising out of Nawadah Mufassil P.S.Case no. 10/04, subject to the following conditions:- (i) One of the bailors should be the own/close family member of the petitioner. (ii) Other bailors should be the Government Servant. (iii) Petitioner shall appear in person before the court below on each date fixed at the trial. In case of default in such appearance on two consecutive dates without there being any compelling reasons therefor to the satisfaction of the court below, the court below shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)