NARENDRA NATH TIWARI, J. - (1.) THE petitioner is an accused in the case registered under Sections 457, 380 and 411 of the Indian Penal Code.
(2.) IT has been submitted by learned Counsel for the petitioner that earlier, considering the merit of the case, the petitioner was granted bail, but he could not appear before the Court below, as he had gone out for earning his livelihood; he was thus apprehended and sent to jail; he was again granted bail, but again he could not appear in the Court below on the date fixed and his bail bond was cancelled, it has been submitted that there was no wilful absence and the petitioner could not appear before the Court below under the compelling circumstance. Subsequently, the petitioner was granted bail but due to absence of one day's, he was against apprehended and sent to jail on 16th October, 2007, and since that he has been languishing in jail custody. It has been submitted that the petitioner has never misused the privilege of bail willfully, rather under the compelling circumstance, he could not appear in the Court below. The petitioner has also stated that he is ready to abide by any terms and conditions imposed by this Court in granting bail this time. Learned APP appearing on behalf of the State, on the other hand, submitted that it is a case of repeated misuse of privilege of bail and the petitioner does not deserve privilege of bail. However, considering the age of the case and period of custody as also other facts and circumstances of the case, the petitioner, above -named, 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 Judicial Magistrate, Dhanbad in connection with Jharia P.S. Case No. 274 of 1997, corresponding to G.R. No. 3531 of 1997 with further condition that the petitioner shall appear in person before the trial Court on the date fixed, when his, appearance is required.;