IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7824 of 2010 MD.NAAZIR MIYAN @ MD.NAAZIR S/O Md. Abbub, R/O Village- Raipur, P.S. Bihpur, District-Bhagalpur -- Petitioner Versus THE STATE OF BIHAR ----------- 02 16-03-2010 Heard Mr. Rajesh Kumar, learned counsel for the petitioner, and the learned A.P.P. for the State. The petitioner, who is in custody in connection with Mansi ( Rail) P.S. Case No.04 of 1993, corresponding to Sessions Case No.310 of 2009 for offences under Section 395 of the Indian Penal Code, has prayed for grant of bail . It is a case of misuse of privilege of bail. The petitioner remained absent for more than 5 ½ years. He subsequently has been taken into custody on 24.8.2009 and since then he is in jail. In this case charge has already been framed and trial is going on. It appears from the impugned order that despite issuance of summons for securing attendance of witnesses vide order dated 17.9.2009, none has turn up to depose before the court. Since it is a case of misuse of privilege of bail, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of - 2 - the like amount each to the satisfaction of the learned A.D.J., F.T.C. Vth , Khagaria , in connection with Mansi Rail P.S. Case No.04 of 1993 with a condition that on each and every date fixed by the court below , the petitioner shall remain present, failing which his bail bond shall stand automatically cancelled, provided that in special exigency the petitioner can make a prayer before the court below for prior permission for his non-appearance on a particular date and if such prayer is made before the court below, the court below may examine such prayer on its own merit. Further condition would be that one of the bailors should be father/wife/brother of the petitioner With the above observation and direction, the bail petition is allowed. NKS/- ( Rakesh Kumar, J)