IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32770 of 2011 ====================================================== Bhola Yadav @ Arbind Yadav, son of Shyam Babu Rai, resident of Sota Chuk, P.S.-Parsa Bazar, District-Patna. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sunil Kumar Pathak, Advocate. For the Opposite Party : Mr. Shyam Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 16-11-2011 Heard. The petitioner seeks bail in a case of misuse of privilege of bail with respect to a criminal prosecution under Section 302/34 and some other allied offences of the Indian Penal Code as also under Section 27 of the Arms Act. It is submitted that the petitioner was granted bail by this Court vide order dated 17.03.2010 passed in Cr. Misc. No. 2475 of 2010 and he was making regular pairvi in the court below. Subsequently, on 27.07.2010 a petition under Section 317 Cr.P.C. was filed on behalf of the petitioner, but was rejected by the learned trial court and his bail bond was cancelled. It is also highlighted that though the petitioner is alleged to have misused the privilege of bail for a period of 10 months, but he himself Patna High Court Cr.Misc. No.32770 of 2011 (2) dt.16-11-2011 2 surrendered in the court below on 09.05.2011 and since then he is rotting in jail and has been sufficiently punished for the alleged misuse of privilege of bail. Be that as it may, in the facts and circumstances of the case, the above named petitioner is directed to be released on bail, on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each in connection with Patliputra P.S. Case No. 117 of 2008 giving rise to S.Tr. No. 2618 of 2008 to the satisfaction of learned Additional Sessions Judge XIV, Patna, subject to the conditions that:- (a) One of the bailors must be a government servant or close family member or relation of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature of cases in future, then in that cases the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. (c) The petitioner shall make regular pairvi in the Patna High Court Cr.Misc. No.32770 of 2011 (2) dt.16-11-2011 3 court below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. Devendra/- (Birendra Prasad Verma, J)