IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37190 of 2010 SHAMBHU SARKAR, Son of late Krishna Sarkar, resident of village lal Saraiya, P.S.- Majhaulia, District- West Champaran. Versus STATE OF BIHAR ----------- 2/ 08-10-2010 Heard the parties. The petitioner seeks bail in a case of misuse of privilege of bail with respect to criminal prosecution registered under Section 399/402 of the Indian Penal Code as also under Sections 25(1-B)a/26/35 of the Arms Act. It is submitted that petitioner was granted bail in the year 1997 itself and he was making Pairvi regularly in the court below, but unfortunately his bail bond was cancelled on 21-05-1999, whereafter the petitioner was granted bail by this Court vide order dated 16-03-2000 passed in Cr. Misc. No. 6111 of 2000. After being released on bail in terms of the aforesaid order dated 16-03-2000, the petitioner was making regular Pairvi in the case, but the trial of the petitioner was not taken up and as such he had to go outside for earning his livelihood. The Pairvikar of the petitioner did not make Pairvi on the date fixed in the court below and, therefore, his bail bond was cancelled in the year 2003. Now the petitioner is in judicial custody since 08-08-2010. Learned counsel for the petitioner submits that the petitioner shall remain physically present on each and every date fixed in the court below. In the aforesaid facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of 2 Rs. 10,000/- ( rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge, F.T.C-1V, Bettiah, West Champaran in connection with Sessions Trial No. 595 of 2009, arising out of Bettiah Town P.S. Case No. 437 of 1997,subject to the conditions that : (a) one of the bailors must be a Government servant, (b)another bailor must be a close family member or close relative of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner and (c) the petitioner shall make regular Pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make Pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. A.H./Shahzad ( Birendra Prasad Verma, J.)