IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16334 of 2009 RAJENDRA RAI & ORS Versus STATE OF BIHAR ----------- 2. 26.5.2009. Heard both sides. This is a case of misuse of privilege of bail. Petitioners were named accused in a case in which final charge sheet was submitted under Section 306 of the Indian Penal Code. The case was lodged some time in 1998 and they were granted bail on merits. They continued to remain on bail for about eight years and they were regularly attending the court without any fault. On 7.1.2006, their bail bonds were cancelled as they defaulted in their appearances. It appears they subsequently surrendered on 26.3.2009 and are in custody. Counsel for the petitioners with reference to the different averments made in the application submits that appropriate pairvi on their behalf was not made although instructions were given to the counsel which resulted in cancellation of bail. No sooner as they came to know about cancellation of their bail bonds, they voluntarily surrendered on 26.3.2009. It is further contended that any condition that may be imposed by this Court shall be acceptable to them. Having heard counsel for the parties and after going through the records, this Court directs as under:- Let the petitioners, namely, Rajendra Rai, Gohal Rai and Phulchand Rai be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount - 2 - each to the satisfaction of the Additional Sessions Judge ( F.T. C. IV), Supaul in Sessions Trial No. 101 of 1998 arising out of Balua Bazar P.S. Case No. 13 of 1998. The bail so granted to the petitioners shall be subject to the following conditions. (I ) One of the bailors shall be own/close family members of the petitioners. (II ) The petitioners shall appear in person on each date fixed at the trial court. (III ) In the event of default on two consecutive dates, the bail bonds of the petitioners shall be cancelled by the learned trial court and thereafter all effective steps shall be taken to ensure their arrest in accordance with law. The application stands disposed of accordingly. U.K. (Kishore K.Mandal)