IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29486 of 2010 BIJENDRA PASWAN @ JABUA SON OF LATE CHHATHU PASWAN, RESIDENT OF VILLAGE JAMSAUTA, P.S. SHAHPUR, DISTRICT PATNA. Versus STATE OF BIHAR ----------- 2/ 12-08-2010 Heard the parties. The petitioner seeks bail in a case of misuse of privilege of bail with respect to criminal prosecution under section 47(a) of Excise Act. It is submitted that the petitioner was granted bail by the learned court below and was making regular pairvi. After some time he entrusted the pairvi to the Pairvikar and had gone out side the State for earning his livelihood, but subsequently the pairvikar did not make pairvi, as a result of which the bail bond of the petitioner was cancelled on 18.07.2001. It is further submitted that for alleged misuse of privilege of bail the petitioner is in judicial custody since 22.04.2010 and as such he has remained in judicial custody for about four months and, therefore, he has been sufficiently punished in the present case. Taking into consideration the aforesaid facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri Rajiv Nayan, Judicial Magistrate, 2 Danapur, Patna in connection with Shahpur P.S.Case No.508 of 1997 subject to conditions that : (A) one of the bailors must be government servant or close family members of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. BTiwary ( Birendra Prasad Verma, J)