IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31063 of 2009 GUHI SINGH Versus THE STATE OF BIHAR ----------- 02 10.09.2009 Heard both sides. This case reflects misuse of privilege of bail. Petitioner was made accused in a case instituted under Sections 323, 448, 354, 379 and 504/34 of the Indian Penal Code. He was granted bail sometimes in the year, 1996. He continued to appear in the case still 2004. Subsequently, he defaulted. On 15.10.2004 his bail bonds were cancelled. Warrant of arrest was issued. Petitioner was subsequently arrested and he is in custody since 29.3.2009. It is contended with reference to different paragraphs of the bail application that as no progress in the case was made, he went to Punjab for earning his livelihood. In his absence proper parivi was not made. Accordingly, the bail bond was cancelled. Let the trial court take steps and frame charge(s) against the petitioner within two months from the date of receipt/ communication of the order in the court below. No sooner the charges are framed or on expiry of two months from the date of 2 receipt/ communication of the order in the court below, whichever is earlier the trial court shall release the above named petitioner on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Chaki P.S. Case No. 05 of 1996, G. R. No. 51A of 1996, subject to the following conditions:- 1. One of the bailors should be the own/ close family member of the petitioner. 2. Petitioner shall appear before the court below 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 bond and secure his arrest in accordance with law. P.K. (K.K. Mandal, J .)