IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47854 of 2008 BISHUNDEO ROY Versus STATE OF BIHAR For the petitioner : Mr. Ajay Mukherjee, Advocate. For the State : Mr. Upendra Kumar, APP ----------- 2 16.12.2008 Heard. The petitioner is guilty of mis-use of privilege of bail. It appears that he was made accused sometimes in the year 1977 for an offence initially instituted under section 307 of Indian Penal Code but subsequently section 302 Indian Penal Code was added. Counsel for the petitioner submits that as there was omnibus allegation against the petitioner, he was granted bail on merit sometimes in the year 1977 itself and thereafter he continued to appear before the Court till 13.11.1998. Thereafter, it appears that he defaulted in appearing before the Court. As per the submissions made before this Court on 28.5.2002, he was finally declared absconder. It further appears that on 4.2.2008, he was apprehended in the present case and since then he is in jail custody. Counsel for the petitioner tried to explain before this Court the circumstances under which he could not appear on and after 23.11.1998. Having considered the submission and after hearing both the sides, this Court is inclined to admit the petitioner to bail. - 2 - Let the petitioner abovenamed 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 learned Addl. Sessions Judge, F.T.C.-I, Banka in connection with S.T. No. 808/02 (arising out of G.R. No. 1116/77) subject to the following conditions. (i) one of the bailers should be the own/close family members of the petitioner. (ii) The petitioner shall appear in person on each and every date fixed in the Court below where the trial of the case is pending. (iii) In the event of his non appearance, without satisfactory/cogent reason to the satisfaction of the Court in seisin of the matter, the bail bond of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with the procedure known in law. pk ( Kishore K. Mandal, J )