IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23383 of 2009 UTTIM NONIA Versus THE STATE OF BIHAR ----------- 02 30.07.2009 Heard both sides. It appears that this is a case of misuse of privilege of bail. Petitioner prays for grant of bail in a case instituted under Sections 147, 148, 149, 323, 324, 307, 379 of the Indian Penal Code and 3, 4, 5 of the Explosive Substance Act. The occurrence has taken place in the year, 1990. Learned counsel submits that he was subsequently granted bail. It is submitted that ultimately the bail bonds was cancelled on 5.11.2003, as the petitioner defaulted in appearance. He is in jail custody since 21.2.2009. It appears that his absence before the court below caused delay in the trial. In so much so, it was separated on 7.5.2009. In the facts and circumstances of the case this Court while refusing prayer for grant of bail directs as under:- (i) Let the trial court proceed with the trial and make efforts to examine the informant of the 2 present case within two months from the date of receipt / communication of the present order, thereafter the trial court shall enlarge the 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 A.D.J, F.T.C._II, Nawada in connection with Nardiganj P.S. Case No. 20 of 1990, S.Tr. No. 144 of 2004 which shall be subject to the following conditions:- (a) One of the bailors shall be the own/close family member of the petitioner. (b) The petitioner shall appear in person 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 3 bond and secure his arrest in accordance with law. P.K. (K.K. Mandal, J.)