IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19895 of 2010 BODHAN RAI @ PODHAN RAI Versus STATE OF BIHAR ----------- 02/ 17.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial No. 129 of 1998 arising from Patori P.S. Case No. 153 of 1996 for offences punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b) A and 26 of the Arms Act. This is a case of misuse of bail. The petitioner was earlier granted bail by the Court below and which in absence of proper pairvi was cancelled vide order dated 15.1.2007. Learned counsel for the petitioner submits that it is in absence of proper pairvi that his bail bonds was cancelled and that he was not duly intimated by the pairvikar and that following the cancellation of the bail bonds the petitioner was declared absconder on 25.11.2009. Learned counsel for the petitioner submits that no sooner the petitioner got the said information, he has himself surrendered before the court below on 18.5.2010 and undertakes to abide by the terms and conditions set out by this Court for consideration of his prayer. Having regard to the submissions aforesaid, let the petitioner Bodhan Rai @ Podhan Rai be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two - 2 - sureties of the like amount each to the satisfaction of F.T.C. No. 2, Samastipur in connection with Sessions Trial No. 129 of 1998 arising from, Patori P.S. Case No. 153 of 1996 subject to the condition that the petitioner would be attending the court below on each and every date fixed and the failure on his part to attend the court below on two consecutive dates without any reasonable explanation to the satisfaction of the Trial Court, would confer liberty on the court below to initiate proceedings for cancellation of his bail bond and for taking him into custody. S.Sb/- (Jyoti Saran, J.)