IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27271 of 2009 SANTOSH KUMAR SINGH Versus The STATE OF BIHAR ----------- 02 19.08.2009 Heard both sides. This case reflects misuse of privilege of bail. Petitioner was made accused in a case registered under Sections 147, 337, 323, 307 and 427 of the Indian Penal Code. On surrendering he was granted bail on 23.4.1994. It appears that on 22.7.2005 the bail bonds of the petitioner were cancelled as he defaulted in appearance. About four years, thereafter he was arrested and he is in custody since 15.5.2009. On perusal of the impugned order, it appears, the trial of the case has to be separated because some of the accused persons had jumped bail and were absconding. Learned trial court has recorded that two of the accused persons are still absconding. In the facts and circumstances of the case, this Court, while declining the prayer of the petitioner, disposes of the present application in the 2 following manner:- (i) Let the trial court make all endeavor to secure arrest of the accused and examine all the prosecution witnesses within five months from the date of receipt/ communication of the order in the court below, failing which the trial court shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-III, Begusarai in connection with Begusarai Town P.S. Case No. 123 of 1994, S. T. No. 311A/94. In the event the petitioner is granted bail in terms of the aforesaid order, the same shall be 3 subject to following conditions:- (a) One of the bailors shall be the own/close family member of the petitioner. (b) Petitioner shall appear before the court below in person on each date fixed at the trial. In case, of default in such appearance on two consecutive dates, it shall be open to the trial court to cancel his bail bond and secure his arrest in accordance with law. P.K. (K.K. Mandal, J.)