IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.25524 OF 2009 1. JAGDISH MAHTO, SON OF MADHAV MAHTO, RESIDENT OF VILLAGE PIPRA, P.S. DARPA, DISTRICT EAST CHAMPARAN 2. UMESH MAHTO, SON OF RAGHU NATH MAHTO, RESIDENT OF VILLAGE PIPRA, P.S. DARPA, DISTRICT EAST CHAMPARAN… PETITIONERS VERSUS THE STATE OF BIHAR…..OPPOSITE PARTY ----------- 2. 17.09.2009 Heard learned counsel for the petitioners and learned counsel for the State. The case is of misuse of privilege of bail. It is stated that the occurrence is of the year, 1988 and petitioners were allowed bail and till 2004 they took steps for making pairvi in the case. However, due to poverty, they went outside the State to earn their livelihood and in their absence, due to want of pairvi, their bail bonds were cancelled and warrant of arrest was issued against them in 2004. When they returned back, they came to know the fact that warrant of arrest was issued against them and accordingly, they surrendered on 9.6.2009 and since then they are in custody. Considering the fact that petitioners were already on bail, the application is allowed. Petitioners, namely, Jagdish Mahto and Umesh Mahto are directed to be released on bail on furnishing - 2 - bail bonds of Rs.10,000/-(Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of 5th Additional Sessions Judge, Motihari in connection with Sessions Trial No.290/2006 arising out of Chauradano P.S. case No.68/88, subject to the condition that petitioners will appear in court on each and every date and shall not leave the jurisdiction of the Court without prior permission of the court concerned failing which the court below will be at liberty to take coercive steps for their arrest. B.T (J.N. Singh, J.)