IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40260 of 2010 RAMESH PRASAD @ RAKESH KURMI, son of Bishnupat Prasad, resident of village-Aganur, P.S.-Kaler (Mehadia), District-Arwal. Versus STATE OF BIHAR ----------- 2 09.11.2010 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Nagar (Muffasil) P.S. Case No.198 of 1998 for the offences punishable under Sections 395 of the Indian Penal Code. This is a case of misuse of privilege of bail. Learned counsel for the petitioner submits that the F.I.R. was against the unknown and considering the circumstances, the petitioner was released on bail. He submits that the petitioner being a poor person, after entrusting the Pairvi of the case, had proceeded to Ludhiyana for earning his living but on account of absence of Pairvi his bail bond was cancelled on 06.11.2006. It is submitted that no sooner the petitioner gathered the information, he surrendered before the court 2 below on 07.10.2010. Learned counsel submits that the petitioner undertakes to abide by the conditions set out by this Court. Having regard to the circumstances and considering the submission made by learned counsel for the petitioner, let the petitioner Ramesh Prasad @ Rakesh Kurmi 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 learned A.D.J., F.T.C.-IV in connection with S.Tr. No.71 of 1999 / 121 of 2010 arising from Nagar (Muffasil) P.S. Case No.198 of 1998, subject to condition that the petitioner would be personally present before the Trial Court on each and every date fixed in the case and the failure on the part of the petitioner to present himself on two consecutive date fixed in the Trial would confer liberty on the Trial Court to initiate proceedings for cancellation of his bail bond and to take him into custody. PN (Jyoti Saran, J.)