IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26835 of 2010 1. Taimul Miya, 2. Maimul Miya, Both son of Sabrati Miya 3. Dawal Miya, 4. Madik Miya, Both son of Yusuf Miya 5. Hamid Miya, S/o- Karim Miya All resident of village-Kon Bhagawanpur P.S. Panapur, District-Saran (Chapra) Versus STATE OF BIHAR ----------- 2 06.08.2010 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners are in custody in connection with Mashrakh P.S. Case No. 244 of 1996 for offences punishable under Sections 448, 323, 324, 504/34 of the Indian Penal Code. This is a case of misuse of privilege of bail. The petitioner was granted bail by the Court below itself. It is contended that by reason of absence of proper pairvi by the pairvikar, the bail bonds of the petitioners was cancelled and the petitioners were declared as absconders on 4.3.2010. It is contended that no sooner the petitioners gathered information of the same they have themselves surrendered on 15.6.2010. It is submitted that the petitioners under take 2 to attend the trial on each and every date fixed in the case and abide by the condition set out by this Court. Considering the circumstances and the submissions of learned counsel, let the petitioners namely, Taimul Miya, Maimul Miya, Dawal Miya, Madik Miya and Hamid Miya be released on bail upon each of them furnishing bail individual bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Additional District Judge-VIII, Chapra in connection with Mashrakh P.S. Case No. 244 of 1996 (S.Tr. No. 159 of 1997) subject to the condition that each of the petitioners shall be personally present in the trial on each and every date fixed in the case and the failure on the part of either of the petitioners to attend the trial on two consecutive date fixed without reasonable explanation to the satisfaction of the trial Court, would confer liberty on the trial Court to cancel the bail bonds of the defaulting petitioner(s) and to take them into custody. Bibhash ( Jyoti Saran, J.)