IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20196 of 2010 SATTO YADAV SON OF MEHI YADAV, RESIDENT OF VILLAGE BANGALIYA, P.S. MANSI, DISTRICT KHAGARIA – PETITIONER. Versus STATE OF BIHAR--- OPP. PARTY. ----------- 2/ 14.06.2010 Heard the parties. The petitioner seeks bail in a case of misuse of privilege of bail. It is submitted by learned counsel for the petitioner that he was granted bail by a Bench of this Court by order dated 26.02.2010 passed in Cr. Misc. No. 5273 of 2010 with a condition that he shall remain present on each and every date. In compliance of the aforesaid order the petitioner furnished bail bonds and was released on bail by the learned court below. On the next date fixed on 17.03.2010 the petitioner could not appear in the court in view of the fact that he was in judicial custody in connection with another criminal case, as a result of which his bail bond was subsequently cancelled. It is also submitted that misuse of privilege of bail was not deliberate, rather it has occurred because of the fact which was beyond the control of the petitioner. Petitioner is stated to be in judicial custody in the present case since 15.04.2010 for the alleged misuse of privilege of bail for a period for about one month. In the aforesaid facts and circumstances let the - 2 - above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No. 31 of 2009, G.R. No. 414 of 2009, subject to conditions: (A) one of the bailors must be government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) 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 bonds of the petitioner. ( Birendra Prasad Verma, J ) BTiwary/