IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27038 of 2009 1. SHARWAN YADAV 2. LALAN SAW ….. PETITIONERS Versus THE STATE OF BIHAR ….. OPP. PARTY ----------- 02 18.08.2009 Heard both sides. This case reflects misuse of privilege of bail. Petitioner was made accused under Sections 366 and 380/34 of the Indian Penal Code in relation to an occurrence that had taken place in the year 1995. He was granted bail in the year 1995 itself. It is contended that he continued to appear before the Court for about 12 years. Subsequently, they defaulted in their appearance, as a result bail bonds was canceled on 29.9.2007. Petitioners thereafter surrendered on 16.6.2009 and since then they are in custody. Learned counsel with reference to different statements in the application tried to explain the circumstances under which they could not appear or they were declared absconder. In the facts and circumstances of the case, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs. 2 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Lakhisarai in connection with Lakhisarai P.S. Case No. 226 of 2005, S.Tr. No. 38 of 2001 subject to the following conditions:- (I) One of the bailors should be the own/close family members of the petitioners. (II) Petitioners shall appear before the court below in person on each date fixed at the trial. In case, of default in such appearance on two consecutive dates, it shall be open to the trial court to cancel their bail bonds and secure their arrest in accordance with law. P.K. (K. K. Mandal, J.)