IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8370 of 2009 Md. Jalal @ Aaga, son of Islam Mian, residkent of village Nagri P.S. Chakai, District Jamui. …….. Petitioner Versus THE STATE OF BIHAR ----------- 02/ 18.03.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition has been filed by the sole petitioner, namely, Md. Jalal alias Aaga, son of Islam Mian for extension of the period granted for his surrender by this Court vide order dated 30.03.2007 passed in Cr. Misc. No. 11526 of 2007, by which the said petition was allowed and all the five petitioners of that case including the petitioner of the instant case ( Md. Jalal alias Aaga-petitioner no.4) were directed to honour the terms of police bail and appear before the court below in connection with Chakai P.S. Case No. 05 of 2004 within fifteen days from the date of receipt of a copy of that order and if it was so done, the court below shall consider their prayer for bail in accordance with law keeping in view the well established principle that a person who is already on bail shall not be denied such privilege unless there is any allegations of misuse etc. It transpires that all the other accused persons had appeared before the learned court below and were enlarged on bail, but the petitioner of the instant case did not surrender within time granted by this Court but also evaded his arrest for about two years and only thereafter has filed the instant petition. In the said circumstances, it is quite apparent that the petitioner has not only misused the privilege of - 2 - bail granted by the Police, but has also violated the specific directions of this Court. In the said circumstances, the instant petition is dismissed and the sole petitioner, namely, Md. Jalal @ Aaga is directed to immediately surrender before the learned court below. MPS/ ( S. N. Hussain, J. )