IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21679 of 2010 1. DEO YADAV, son of late Kishun Yadav 2. Degan Yadav, son of Late Darahani Mahto Both are resident of village-Tekpur, Police Station-Narhat (Sitamarhi), District-Nawadah. Versus STATE OF BIHAR ----------- 2. 29.06.2010 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners are in custody in connection with Narhat P.S. Case No.13 of 1998 (Trial No. 1/2010) for offence punishable under Sections 147, 148, 149, 307, 324 and 341 of the Indian Penal Code. This is a case of misuse of privilege of bail. Learned counsel for the petitioner submits that both the petitioners had been granted bail by this Court in Cr. Misc. No. 17290 of 1998 vide order passed on 27.8.98. Learned counsel submits that while the matter was pending for appearance of accused Kuldeep Yadav, the bail bonds of the petitioners were cancelled without following the due process of law by showing them as absconders. Learned counsel submits that the petitioners undertake to ensure that he shall remain present on each date fixed for trial. Consideration the facts and circumstances of 2 the case, let the petitioners, namely (1) Deo Yadav and (2) Degan Yadav be released on bail upon each of them furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Subash Oraon, Judicial Magistrate, 1st Class, Nawadah in connection with Narhat P.S. Case No. 13/98, corresponding Trial No. 01/2010, subject to the condition that the petitioner shall ensure their respective representations before the trial Court on each and every date fixed and the failure on their part to ensure their representation on two consecutive dates fixed before the trial Court, would confer liberty to the Court concerned to initiate proceedings for cancellation of the bail bonds of the defaulting petitioner and to take him into custody. Anand Kr. ( Jyoti Saran, J.)