IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22104 of 2010 MD.SABIR @ LELHWA Versus THE STATE OF BIHAR ----------- 2. 02.07.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with East Colony, Munger P.S. Case No. 11 of 2002 for offence punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act. This is a case of misuse of privilege of bail. Learned counsel for the petitioner submits that this Court considering the case of the petitioner on merits granted bail vide order passed on 28.7.2003 and in absence of proper pairvi on his behalf by his pairvikar, that, his bail bonds were cancelled and that the petitioner undertakes to participate in the proceedings on each and every date fixed. Having regard to the circumstances and the submissions aforesaid, let the petitioner, namely, Md. Sabir @ Lelhwa be released on bail furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each 2 to the satisfaction of the Trial Court (A.D.J., F.T.C. II), Munger in connection with East Coloney, Munger P.S. Case No. 11/2002 ( S.T. No. 605 of 2002), subject to the condition that he would be present on each and every date fixed for trial and upon failure on his part to attend the Court on two consecutive dates without reasonable explanation to the satisfaction of the trial Court would confer liberty to the Court concerned to initiate proceeding for cancellation of his bail bonds and for taking him into custody. Anand Kr. (Jyoti Saran, J.)