IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38935 of 2010 RAM CHANDRA MANDAL son of Fuchai Mandal, resident of village-Khairalalpur, P.S Rosera, Dist-Samastipur. Versus STATE OF BIHAR ----------- 2 19.11.2010 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. Petitioner is in custody in connection with Rosera P.S. Case No 70 of 2001 for the offence punishable under Sections 304(B), 201 and 120(B) of the Indian Penal Code. The petitioner happens to be the uncle of the husband of the deceased. This is a case of misuse of the privilege of bail. Learned counsel for the petitioner submits that this petitioner had earlier been granted bail by a bench of this Court by order dated 21.04.2003 passed in Cr. Misc. Case No. 18821 of 2002 and that in absence proper pairvi his bail bonds were cancelled, and he was subsequently arrested on 16.7.2010. Learned counsel submits that petitioner under takes to abide by the 2 condition set out by this Court for consideration of his prayer. Considering the circumstances and the submissions of the learned counsel, let the petitioner Ramchandra Mandal, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District Judge, F.T.C.-5, Samastipur, in connection with S.T. No. 312 of 2007 arising from Rosera P.S. Case No 70 of 2001, subject to condition that the petitioner would personally be present before the trial Court on each and very date fixed in the trial and the failure on the part of the petitioner to be present on two consecutive dates fixed without reasonable explanation to the satisfaction of the trial Court, would confer liberty on the Court concerned to initiate proceeding for cancellation of his bail bonds and to take him into custody. Prakash (Jyoti Saran, J.) 3