IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23543 of 2009 MD.MURTUZA Versus THE STATE OF BIHAR ----------- 2. 31.07.2009 Heard counsel for the parties. This is a case of misuse of privilege of bail. The petitioner faced prosecution under sections 328 and 379 IPC. The occurrence took place on 22.6.2003 for which an FIR was lodged on 24.6.2003. It is stated that the petitioner was granted bail in the year 2004. He continued to appear in the case for few years. Ultimately under order dated 28.04.2008 he was declared absconder. Subsequently, he was arrested on 25.04.2009 and since then he is in custody. Learned counsel for the petitioner submits that at the trial (S.T.No.133/04) charges have been framed, but till date not a single witness has been examined on behalf of the prosecution. In the facts and circumstances of the case, this Court while declining the prayer for grant of bail made on behalf of the petitioner, disposes of this application in the following manner: “Let the trial court make endeavour to examine the prosecution witnesses at the trial. No sooner one witness is examined in this case, the petitioner abovenamed shall be released on bail on furnishing bail bond of Rs.10, 000/- with two sureties of the like amount each to the satisfaction of the trial court in connection with Katihar Rail P.S.Case no.71/03 arising out of S.T.No.133/2004 with - 2 - the condition that one of the bailors of the petitioner shall be his own/close family member and that he shall appear in person on the date fixed in trial. In case of default on two consecutive dates, the trial court shall cancel the bail bonds and secure his arrest in accordance with law. hr ( Kishore K. Mandal )