IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26344 of 2011 Rajeshwar Rai son of late Kishori Rai @ Keshari Rai, resident of Village-Naga Tola, Goraiyasathan, P.S.-Maner, District-Patna. ....Petitioner Versus The State Of Bihar . .............Opposite Party ---------------------------------- 04 12.10.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks bail in connection with Session Trail No. 411 of 1992 arising out of Maner P.S. Case No. 166 of 1991 for the offences punishable under sections 302 and 34 of the Indian Penal Code. Learned counsel appearing on behalf of petitioner submits that while the petitioner was initially granted provisional bail but he could not appear in the Court regularly and his bail bond was cancelled in 1993 and thereafter the petitioner appeared on 21.08.2010 as the petitioner has gone outside for his livelihood. On perusal of the order dated 22.12.2010, by which the prayer for bail of the petitioner has been rejected by learned Additional Sessions Judge II, Danapur, it appears that this is a case of misuse of the privilege of bail of about 17 years in murder case and in course of argument, learned counsel for the petitioner submits that almost prosecution 2 witnesses have been examined. Under the facts and circumstances of this case and taking into consideration the long misuse of the privilege of bail, I am not inclined to grant bail to the petitioner. However, if the trial is not concluded within six months, the petitioner may renew his prayer for bail. Safik (Rajendra Kumar Mishra, J.)