IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42549 of 2010 Parun Yadav @ Barun Yadav @ Parun, Son of Late Banarshi Yadav, resident of Village-Bariyahi, P.S. Barauni in the district of Begusarai ---------------- Petitioner Versus THE STATE OF BIHAR ----------- 02 14-01-2011 Heard Sri Raj Kumar, learned counsel for the petitioner and Sri Aditya Naran Singh-1, learned Addl. Public Prosecutor. This is the case of misuse of privilege of bail in Barauni Garhara ) P.S. Case No. 163 of 1996. The petitioner in this case was earlier in custody and thereafter he was allowed bail by this Court vide Cr.Misc.No.17802 of 1996 on 7.10.1996. While the petitioner was in custody in another case i.e. Barauni P.S. Case No.40 of 2008, bail bond in the present case has been cancelled. Learned counsel for the petitioner submits that he was participating in the present proceeding after being enlarged on bail in the year 1996 itself. However, on 22.2.2008 he surrendered in Barauni P.S. Case No.40 of 2008 and he remained in custody in that case and finally he was granted bail on 6.10.2010 in Barauni P.S. Case No.40 of 2008. The petitioner, while was in custody in Barauni P.S. Case No.40 of 2008, was remanded in the present case on 3.4.2010 and he is continuing in custody since then. Learned Addl. Public Prosecutor has opposed the prayer for bail. It was submitted that trial has already commenced. Be that as it may , since it was a case of misuse of privilege of bail that ,too, was not intentional, let the petitioner be 2 released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge VI, Begusarai in connection with Barauni ( Garhara ) P.S. Case No.163 of 1996 with a condition that on each and every date during the trial, the petitioner shall remain physically present , failing which his bail bond shall stand automatically cancelled. However, with prior permission of the trial court in special exigency he may remain absent on particular date. NKS/- ( Rakesh Kumar, J.)