IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35441 of 2009 SUBHAS SINGH Versus STATE OF BIHAR ----------- 4 11.11.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is accused in Hisua P.S. case no. 58 of 1993 , S.T. No. 125/09/06/09 for offence punishable under section 395 of the Indian Penal Code. The petitioner had earlier been granted bail by the court below vide order passed on 30.9.1994 in B.P. No. 778/94. The said fact originally was not pleaded but has been brought on record by way of supplementary affidavit filed in court today on behalf of the petitioner. Upon absence of pairvi the bail bond of the petitioner was cancelled on 12.8.2000 and he was declared absconder on 28.4.2008. Learned counsel appearing on behalf of the petitioner submits that he belongs to labour class and had gone to Delhi for earning his livelihood and handed over his matter to an advocate and that in absence of proper pairvi his bail bond has been cancelled and he has been declared absconder. He further submits that upon getting information he surrendered in the court below on 2.5.2009 and undertakes to abide by conditions imposed for consideration of his case for bail. Having considered the circumstances set forth, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Additional Sessions Judge, (F.T.C.IIIrd), Nawadah in S.T. No. - 2 - 125/09/06/09,arising out of Hisua P.S. case no. 58/93, subject to the conditions that one of the bailors would be his own brother and he would clearly indicate his relationship and further that the petitioner would attend the trial of the case on each and every date and the failure on the part of the petitioner to attend the trial on two consecutive dates without reasonable explanation to the satisfaction of the trial court would grant liberty to the trial court to initiate a proceeding for cancellation of bail bond and for taking him into custody. (Jyoti Saran, J) M.Rahman