IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48678 of 2008 SHEO DAYAL SINGH Versus STATE OF BIHAR For the petitioner : Mr. Baxi S.R.P.Sinha, Advocate For the State : Mr. Upendra Kumar, APP ----------- 2 18.12.2008 Heard. This is a case of misuse of privilege of bail The petitioner was made accused in a case instituted under sections 395 and 397 of Indian Penal Code sometimes in the year 1990. It appears that he was granted bail on merit by this Court in November, 1990. Counsel for the petitioner submits that for about 10 years, the petitioner continued to appear before the Court and thereafter he defaulted in appearing before the Court and/or filing appropriate representation in the case. Consequently on 25.1.2001, he was declared absconder. Counsel for the petitioner further submits that subsequently the bailable warrant of arrest was issued against the petitioner in pursuance whereafter he was arrested in connection with this case on 8.10.2007 and since then he is languishing in jail . The records indicate that the petitioner is aged about 65 years. Counsel for the petitioner, referring to the statement made in the bail petition, tried to canvass the reasons for his non appearance before the Court for about 10 years. - 2 - Having regard to the fact that the petitioner is aged about 65 years and that he has remained in custody for more than a year after his arrest in this case, I am persuaded to once again grant indulgence in favour of the petitioner. 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 F.T.C.-5 Rohtas at Sasaram in connection with Bikramganj P.S. case no. 109 of 1990 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 each dates fixed in the Court below where the trial of the case is pending. (iii) In the event of his default without any cogent/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)