IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23533 of 2009 1. RAM ASHISH RAI 2. NAWAL KUMAR --- PETITIONERS. Versus STATE OF BIHAR -- OPP. PARTY. ----------- 2 31.07.2009 Heard both sides. This is a case of misuse of privilege of bail. Petitioners were made accused in a case instituted in the year 1996 respecting an occurrence that had taken place on 14.12.1996. He was granted bail in 1997. It is contended that in the year 1997 itself charges were framed. Petitioners continued to appear in the court below till the year 1999. Subsequently, it appears that they defaulted in their appearance, as a result whereof, the bail bonds were cancelled sometimes in the year 1999. They have recently surrendered and are in custody since 21.02.2009. Learned counsel for the petitioners submits with reference to the different averments made in the bail application that because of those circumstances, the petitioners could not appear in court below. It is further contended that any fit and appropriate conditions may be imposed upon the petitioners in the particular facts of the case. In the facts and circumstances of the case, petitioners above named are directed to be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) each with two sureties 2 of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Danapur (Patna) in connection with Tr. No. 1/01 arising out of Naubatpur P.S. Case no. 252 of 1996 subject to the following conditions: (i) Both the bailors should be the own/close family member of the petitioners. (ii) Petitioners shall appear in person before the court below on each date fixed at the trial. In case of default in their appearance without compelling reasons therefor it shall be open to the trial court to cancel their bail bonds and secure their arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)