IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24799 of 2009 1.Natwar Lal Murmu 2.Madan Murmu Both sons of Late Baburam Murmu, resident of village- Bardela (Juriahi Tola) P.S. Dhamdaha, District- Purnea 3.Munshi Besra @ Manjhi, son of late Pradhan Manjhi Besra, resident of village- Bardela, Tola-Tarabari, P.S.- Dhamdaha, District- Purnea …….. Petitioners Versus THE STATE OF BIHAR …….Opp.Party ----------- 3. 10/09/2009 Heard learned counsel for the petitioners and learned counsel for the State. This is a case of misuse of privilege of bail. It is said that the bail bonds of the petitioners were cancelled in 1996 but the petitioners were declared absconder only in 2007 and permanent warrant of arrest was issued against them. Thereafter, petitioner no.1 surrendered on 7.5.2009 and petitioner nos.2 and 3 were arrested on 2.4.2009 and 10.4.2009 respectively. Learned counsel for the petitioners submits that the petitioners are illiterate Santhalis and they could not know in time with regard to cancellation of their bail bonds. He submits that one another co-accused in similar circumstances has been allowed bail by this - 2 - Court vide order dated 18.2.2009 passed in Cr.Misc.No.52791 of 2008. Considering the above facts and circumstances, this application is allowed. Let all the three petitioners be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in Sessions Case No.121 of 1992, arising out of Dhamdaha P.S.Case No.31 of 1987, subject to the condition that they will appear in the case on each and every date and shall not absent themselves without prior specific permission of the court below, failing which the court below shall be at liberty to cancel their bail bonds and take steps for their arrest. Petitioners are further directed to cooperate in the trial so that it may be concluded on an early date considering the fact that the case is of the year 1987. Pradeep/ (J. N. Singh, J.)