IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6420 of 2010 MISHRI YADAV, Son of Natho Yadav, resident of Village- Bhikhampur, P.S. Rupow, District-Nawada ---- Petitioner Versus STATE OF BIHAR ----------- 02 11-03-2010 Heard Mr. Dhirendra Kumar Trivedi, learned counsel for the petitioner, and the learned A.P.P. for the State. In the present case, the petitioner is in jail due to misuse of the privilege of bail. He was granted bail on 20.10.2009 by the trial court. However, since he failed to appear, his bail bond was cancelled on 20.11.2009 and, thereafter, the petitioner has surrendered on 25.1.2010. Since it is a case of misuse of privilege of bail, it is not advisable to keep this petitioner behind the bar. However, while granting bail again, it would be necessary to impose some conditions, so that the trial may not be hampered. Let the petitioner be enlarged 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, Nawada, in connection with S.Tr.No.329 - 2 - of 2007 arising out of Complaint Case No.105 of 2000 with a condition that on each and every date fixed by the court below petitioner shall remain present, failing which his bail bond shall stand automatically cancelled, provided that in special exigency the petitioner can file a petition before the court below for prior permission for his non-appearance on a particular date and the court below may examine such prayer on its own merit. One of the bailors shall be either wife or father of this petitioner. With the above observation and direction, the bail petition is allowed. NKS/- ( Rakesh Kumar, J)