IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8032 of 2010 SUBHASH JAISWAL son of late Maha Sah, resident of village Bhabhua, Ward No. 23, Police Station Bhabhua, District Kaimur at Bhabhua… Petitioner Versus THE STATE OF BIHAR.. …OPPOSITE PARTY For the Petitioner: Mr. Vikram Deo Singh, Advocate For the State: Mr. Uma Shankar Pd. Singh, Advocate ----------- 2 19.03.2010 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under section 302 of the Indian Penal Code. This is a case of misuse of the privilege of bail earlier granted to the petitioner. It is submitted on behalf of the petitioner that he was regularly attending the trial, however, on 08.01.2004 a petition under section 317 of the Code of Criminal Procedure filed on behalf of the petitioner was rejected and non-bailable warrant was issued against him. It is further submitted that the petitioner had gone out of the State to earn his livelihood and as such, the Pairvikar could not communicate the aforesaid fact resulting in omission on part of the petitioner. However, the petitioner has surrendered before the court concerned on 23.11.2009. 2 Learned counsel undertakes on behalf of the petitioner that he shall remain present on each and every date. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, SUBHASH JAISWAL, to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Fast Track Court No. V, Kaimur at Bhabhua in S.T. No. 187/86/23/10 arising out of Bhabhua Police Station Case No. 73/85 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner. Further, the petitioner shall remain present on each and every date in course of trial before the court concerned. If the petitioner fails to remain present on two consecutive dates in course of trial without any reasonable cause shown by him, the court concerned would be at liberty to take steps for cancellation of his bail bonds. SC ( Dr. Ravi Ranjan, J.)