IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27222 of 2009 TRILOCHAN SINGH Versus The STATE OF BIHAR ----------- 02 20.8.2009 Heard both sides. This case reflects misuse of privilege of bail. The occurrence was committed on 16.2.1995. It appears petitioner was granted bail on merit sometimes in the year, 1995. He defaulted in his appearance since 11.8.2003. Consequently, the bail bonds were cancelled on 9.3.2004. The petitioner in pursuance of warrant was arrested and is in custody since 9.4.2009. This Court from the impugned order finds that trial has been delayed on account of petitioner and another co-accused, who continued to evade arrest. Petitioner is now in custody, but his brother Ram Gopal Singh, is still absconding, which is hampering the progress of the case. Having regard to all these facts, this Court while declining the prayer for grant of bail disposes of the application in the following manner:- (i) Let the learned trial court make all endeavor to take up 2 the case and secure arrest of accused who is still absconding and thereafter initiate the trial. No sooner one prosecution witness is examined at the trial, the trial court shall enlarge the petitioner on bail on furnishing bail bond of Rs. 10,000 (ten thousand) with two sureties of the like amount each to the satisfaction of 4th Additional Sessions Judge, Muzaffarpur in connection with Gaighat (Kodai) P.S. Case No. 13 of 1995, Sessions Trial No. 492 of 1996. In the event the petitioner is granted bail in terms of the aforesaid order, the same shall be subject to the following conditions:- (a) One of the bailors should be the own/ close family member of the petitioner. 3 (b) Petitioner shall appear before the court below in person on each date fixed at the trial. In case, of default in such appearance on two consecutive dates, it shall be open to the trial court to cancel his bail bond and secure his arrest in accordance with law. P.K. (K.K. Mandal, J.)