IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34667 of 2008 RAMAYAN MUSAHAR Versus STATE OF BIHAR For the petitioner : Mr. Vivekanand Singh No. 1, Advocate For the State : Mr. Upendra Kumar, APP ----------- 3 16.12.2008 Heard. This is a case of mis-use of privilege of bail. The petitioner was made accused sometimes in the year 2000 in a case instituted under sections 395/397 of Indian Penal Code. It has been submitted that on merit, the petitioner was granted bail. Thereafter he continued to appear in the Court as per the dates fixed in the case. Subsequently, it appears that he absconded and remained so for a period of one year 10 months (7.8.2006 to 29.6.2008). Under order dated 10.9.2008 passed in this proceeding, a report was called for from the Superintendent of Police regarding the involvement of the petitioner, if any, between the period referred to above. The said report has been received and placed at Flag-A. This Court perused the said report. It appears that an inquiry in this regard was made by the Superintendent of Police whereafter it has been found that during this period, no case was reported against the petitioner. The petitioner is in custody since 29.6.2008. Having regard to the facts appearing on record, this court is inclined to enlarge the petitioner on bail. - 2 - Let the petitioner abovenamed be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Addl. District Sessions Judge, Kaimur at Bhabua in connection with S.T. No. 23/2002/64/2008 arising out of Ramgarh P.S. case no. 106/2000 subject to the following conditions. (i) one of the bailers should be the own/close family members of the petitioner. (ii) The petitioner shall appear in person on the dates in the Court below where the trial of the case is pending. (iii) In the event of his non appearance, without any cogent and satisfactory reason to the satisfaction of the Court in seisin of the matter, the bail bond of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with the procedure known in law. pkj ( Kishore K. Mandal, J )