IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17067 of 2010 NIRMAL KUMAR @ NIRMAL KUMAR SINGH Versus THE STATE OF BIHAR ----------- 3/ 25.05.2010 Heard learned counsel for the petitioner and the State. Petitioner is languishing in jail since 23.03.2010 due to misuse of the privilege of bail in a police case registered under section 302 and other allied sections of the Indian Penal Code. It is submitted by learned counsel for the petitioner that the petitioner was earlier granted bail on 10.07.2007 vide Annexure-1 but subsequently due to non- appearance of the petitioner in the court below, the bail bond was cancelled on 14.05.2009. Subsequently petitioner surrendered before the court below on 23.03.2010. It is further submitted that the petitioner has no criminal antecedent. Mr. Dasarath Mehta, learned Addl. P.P. opposes the prayer for bail on the ground that the charges have been framed on 23.03.2009 but due to non-appearance of the petitioner, the trial is being delayed. Learned counsel for the petitioner submits that since the petitioner was working as labourer and used to go outside the state, he could not attend the court but now he undertakes to appear regularly. - 2 - Considering the aforesaid submissions, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Bhojpur at Ara in Sessions Trial No.680 of 2007, arising out of Imadpur P.S. Case No. 13 of 2005. If the other accused persons are not appearing, then the learned trial court will separate the trial of the petitioner and further if he fails to appear before the trial court on three consecutive dates, the trial court shall be at liberty to cancel his bail bonds. ( Dinesh Kumar Singh, J) BTiwary/