Narendra Nath Tiwari, J. - (1.) THE Petitioner is in custody in connection with the case registered under Sections 302/34 IPC.
(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 order dated 25.5.04; thereafter, the Petitioner regularly attended the case in the Court below for several years; but for his absence on 9.1.07 due to unavoidable circumstances, his bail bond was cancelled; the Petitioner is now in custody since July 2010. 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 remained absent for a long time. However, he has not disputed the other factual contentions submitted by learned Counsel for the Petitioner.
(3.) CONSIDERING the facts and circumstances of the case, the above named Petitioner is directed to be enlarged on bail on furnishing bail -bond of Rs. 10,000/ - (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, F.T.C -III, Chatra in connection with S.T. No. 219/2001, arising out of Piparwar P.S. Case No. 77/2000 (G.R. No. 559/2000), subject to the condition that he shall physically appear in the Court below on all the dates as and when his personal appearance is required in the case.;