IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7793 of 2008 RAM BAHADUR MAHTO Versus THE STATE OF BIHAR with Cr.Misc. No.13073 of 2008 MITHILESH MAHTO Versus STATE OF BIHAR ----------- 4 2.7.2008 Heard. The two petitions arise out of Sessions Trial no. 370/137 of 2007/07 pending before the Addl. Sessions Judge, FTC no.4, Samastipur. The case was registered under sections 395 and 397 of the Indian Penal Code. The bond of the petitioner- Ram Bahadur Mahto was cancelled on 6.5.1999 on account of his absence since 6.11.1998. The petitioners did not appear. When he was arrested and remanded in other case he was remanded from there in the above noted sessions trial. As regards, prayer for bail of petitioner- Mithlesh Mahto, he was released under section 167(2) of the Cr.P.C and thereafter he could not be available to the court either at the time of commitment or when the case was placed before the Sessions court for further proceeding. The petitioner- Mithlesh was also arrested in other offences and from there he got himself remanded by - 2 - informing the court about himself being in custody. Thus both the petitioners sail in the same boat. Contention is that it is case of misuse of privilege of bail rather it was incumbent upon the court to allow the petitioners upon notice of the commitment of the case or during the pendency of the Sessions trial. The court does not see any reason, under the circumstances indicated above, to accept the contention. Considering which, both the petitions are dismissed. shahid (Dharnidhar Jha, J)