IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6700 of 2010 AJAY KUNDU @ RAVI JEE, SON OF LATE FAGU SAO @ FAGU PRASAD Versus THE STATE OF BIHAR ----------- 6. 26.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 149, 427, 323, 342, 448, 147, 148 of the Indian Penal Code, Section 27 of the Arms Act and Sections ¾ of Explosive Substance Act. Considering that for misuse of privilege of bail for a period of about three years, the petitioner has remained in custody since 24.4.2008 , let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, IV, Jehanabad, in Sessions Trial No. 363 of 2005/45 of 2009 arising out of Makhdumpur P.S. Case No. 241 of 1999 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and the other shall be the wife of the petitioner. The bailor will undertake to furnish information to the court about any change in address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, 2 his bail will be liable to be cancelled. The court concerned is directed to make an enquiry as to whether the petitioner was implicated in any other case in the intervening period of three years when he misused the privilege of bail in the present case by not appearing. In case, he has been implicated in any other case in that event, the petitioner shall not be granted bail. S.Ali ( Anjana Prakash, J.)