IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19588 of 2010 TEJU CHAUHAN Versus STATE OF BIHAR ----------- 3 23.06.2010 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with S. T. No. 10 of 2009 arising out of Sone Nagar (Rail) P.S. Case No.2 of 2004 for offences punishable under Section 395 of the Indian Penal Code. Perusal of the order of the Court below shows that this is a case of misuse of bail. Learned counsel for the petitioner submits that the petitioner was in custody in connection with Nabinagar P.S. Case No. 115 of 2003 for offence under Section 395 and while in custody he was remanded in the present case on 5.8.2008 and was granted bail by the Court below but was not released as he was in custody in the earlier case i.e. Nathnagar P.S. Case No.115 of 2003. Learned counsel for the petitioner submits that as the petitioner had escaped from custody hence the Court below cancelled his bail bond in the present case on 2 18.10.2008 on grounds of misuse of privilege of bail. Learned counsel submits that in so far as Nabinagar P.S. Case No. 115 of 2003 is concerned the petitioner has been acquitted of the charges by the Court below vide judgment and order passed in Sessions Trial No. 54 of 2005/124 of 2009 passed by Additional District and Sessions Judge F.T.C.-I, Aurangabad on 26.2.2010. He further submits that as regarding his escape from custody the petitioner was granted bail by the Court below on 14.2.2010. He further submits that in a third case instituted under the provisions of Section 25(1-B)A and 26 of the Arms Act arising from Madanpur P.S. Case No. 24 of 2009 the petitioner has been granted bail by a Bench of this Court vide order dated 30.11.2009 passed in Cr.Misc. No. 41064 of 2009 subject to the condition as laid down in the said order. Learned counsel further submits that the petitioner undertakes to participate in the proceedings as per the conditions set out by this Court for consideration of his payer. Having regard to the circumstances aforesaid, let the petitioner, namely, Teju Chauhan be released on bail on furnishing bail 3 bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the learned Fast Track Court III, Aurangabad in connection with S.Tr. No. 10 of 2009 arising out of Sone Nagar (Rail) P.S. Case No.2 of 2004 subject to the following conditions:- (1) The one of bailors would be a close relative of the petitioner who would give genealogy as to how he is related to the petitioner. (2) The petitioner shall be attending the trial of the case on each and every date fixed without any break and the failure on the part of the petitioner to attend the Court below on two consecutive dates fixed in the case without any reasonable explanation to the satisfaction of the trial Court would confer liberty on the trial Court to initiate proceedings for cancellation of his bail bond and for taking him into custody. Bibhash ( Jyoti Saran, J.)