IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36371 of 2009 BABUA MUKHIA son of late Bindeshwari Mukhia, resident of village Ratnaha, P.S. Alauli, District Khagaria… ..Petitioner Versus THE STATE OF BIHAR… ..OPPOSITE PARTY For the Petitioner: Mr. Arvind Kumar Singh, Advocate. For the S t a t e : Mr. R.P.S. Singh, A.P.P. ----------- 2 28.10.2009 Heard learned counsel for the petitioner and the State. This is a case of misuse of the privilege of bail. The petitioner was granted bail in connection with Alouli P.S. Case No. 59 of 1992. However, from 21.05.1999 he stopped appearing or being represented before the court concerned. Thereafter the case of the petitioner was separated20.03.2004 and he was declared absconder. Subsequently, he was produced before the court concerned on 22.04.2009. It is stated on behalf of the petitioner that his house was washed away in flood, therefore, he had to migrate to Nagpur and remained there till 2005. However, due to the fact that the concerned clerk of the Advocate had passed away, one Sakaldeo Mukhia was entrusted to make pairvi in the case, but he subsequently also died in 2007. It is also submitted that the petitioner has remained 2 in jail custody for about six months. In the facts and circumstances of the case, I direct the petitioner, Babua Mukhia, to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each with further condition that one of the bailors must be close relative or family member of the petitioner. It is also made clear that the petitioner will attend the trial on each and every date, failing which, the court concerned shall not grant any unnecessary adjournment on the ground furnished by the petitioner, unless and until the same is needed in the interest of justice. If the petitioner fails in appearance again, then his bail bond shall be liable to be cancelled. SC ( Dr. Ravi Ranjan, J.)