Narendra Nath Tiwari, J. - (1.) THE Petitioner is an accused in the case registered under Section 395 of the Indian Penal Code.
(2.) LEARNED Counsel for the Petitioner submitted that this is a case of misuse of privilege of bail; the Petitioner was earlier granted bail by this Court in B.A. No. 9149 of 2006 by order dated 28th June, 2007; the Petitioner since thereafter had been regularly appearing in the case, but due to nonappearance on 21st March, 2009, his bail bond was cancelled; subsequently, the Petitioner voluntarily surrendered in the court below on 10th December, 2010 and since then he is in custody. It has been submitted that the Petitioner had been appearing in the case in the court below since long, but due to unavoidable circumstances, he could not appear on the said date. Learned Counsel submitted that he has instruction to submit that the Petitioner shall physically appear in the court below on all the dates. Learned A.P.P. opposed the Petitioner's prayer for bail and submitted that the Petitioner has misused the privilege of bail. However, he has not disputed the said contentions of learned Counsel for the Petitioner.
(3.) REGARD being had to the facts and circumstances of the case, the Petitioner, above -named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/ -(rupees ten thousand) with two sureties of the like amount, each, to the satisfaction of learned Additional Sessions Judge, F.T.C.I, Hazaribagh in connection with S.T. No. 15A of 2007, arising out of Patratu (Bhadani Nagar) P.S. Case No. 197 of 2004, corresponding to G.R. no.2505 of 2004, with the condition that the Petitioner shall appear physically on all the dates in the case in the court below.;