IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37124 of 2010 GAURI SHANKAR SAH son of Ramdev Sah, R/o village Khodai Bagh P.S. Chapra Muffasil, Dist. Saran…petitioner. Versus THE STATE OF BIHAR O.P. ----------- 2 08.10.2010 Heard the parties. The petitioner seeks bail in a case of misuse of privilege of bail with respect to criminal prosecution registered under section 307 and some other allied offences under the Indian Penal Code. It is submitted that in the FIR there is no specific allegation of any specific overt act against the petitioner save and except that all the accused persons forcibly freed one apprehended accused Raj Kumar Sah and in that view of the matter the petitioner was granted bail by the learned C.J.M, Chapra on 17.11.1998. It is also submitted that petitioner was making regular pairvi in the court below but even charge was not framed and, therefore, the petitioner, being poor person, had gone out side for earning his livelihood after entrusting pairvi to his Karpardaz. Unfortunately the Karpardaz did not file attendance on behalf of the petitioner on the date fixed in the case, as a result of which his bail bond was cancelled in the year 2005. It is highlighted that for alleged misuse of privilege of bail for a period of five years the petitioner is in judicial custody since 31.5.2010 and had been sufficiently punished in the present case. Taking into consideration the aforesaid facts, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of F.T.C.IV, Saran at Chapra in connection 2 with Sessions Trial No. 372 of 2000 arising out of Khaira P.S. Case no. 79 of 1998. subject to the conditions: (a) That one of the bailors must be Govt. servant or close family member 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 bond of the petitioner. M.Rahman ( Birendra Prasad Verma, J )