IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33924 of 2010 MUKESH YADAV son of late Lakhan Yadav R/o village Gidha (Paschim Tola) P.S. Allauli, Dist. Khagaria…petitioner. Versus STATE OF BIHAR opposite party. ----------- 2 15.09.2010 Heard the parties. Petitioner seeks bail in a case of misuse of privilege of bail with respect to a criminal prosecution registered under sections 25(1-B) A, 26, 27/35 of the Arms Act as also under section 307/34 and some other allied offences of the Indian Penal Code. It is submitted that the petitioner was granted bail by an order dated 26.8.2004 passed in Cr. Misc. No. 24707 of 2004 by a Bench of this Court vide Annexure-1, and after release on bail he made pairvi in the court below for some time. However, subsequently due to certain confusion he could not make regular pairvi as a result thereof his bail bond was cancelled. It is further submitted that petitioner is in judicial custody since 20.4.2010 for the alleged misuse of privilege of bail in the present case and as such he has been sufficiently punished. For the reasons recorded above, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of A.D.J.F.T.C.-4, Khagaria in connection with Allauli P.S. Case No. 25 of 2004 arising out of S.C. No. 323/2004, subject to the condition: (a)That one of the bailors must be a family member or close relative of the petitioner who will file an affidavit showing 2 his/her relationship with the petitioner. (b) The another bailor must be either elected Mukhiya or Sarpanch of the Grampanchayat. (c) If the petitioner is found involved in same and similar nature of cases in future, then in that case, the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. (d) The petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. M.Rahman ( Birendra Prasad Verma, J )