1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21621 of 2011 Shiv Prasad Rai @ Shiv Rai alias Shiv Rai S/o Dwarika Rai, R/o Village- Katra Bazar, P.S. Malsalami, District-Patna. --Petitioner Versus The State Of Bihar --Opp.Party 6 14.12.2011 Heard learned counsel for the petitioner, and learned Additional Public Prosecutor for the State. The explanation (at flag ‘C’) received from the court below is accepted. Petitioner is one of the named accused in this case but only on disclosure of his name by apprehended person to whom stolen tyre of vehicle was sold but nothing could be recovered inspite of immediate search made by informant and his associates. Submission is that except the above there is absolutely nothing against the petitioner who has clean antecedent. If it is so, the petitioner, in the event of arrest or surrender within four weeks, is 2 directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City, in Didarganj P.S. Case no.11 of 2011, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that petitioner shall remain present before the court below for two years or till disposal of the case, whichever is earlier. In case of failure to remain present on two consecutive dates without reasonable explanation, the privilege granted shall be deemed to be cancelled. AAhmad/ ( Akhilesh Chandra, J.)