IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1689 of 2011 Tuntun Prasad @ Shashibhushan Prasad, S/O Mahesh Pd., R/O Vill- Bodhi Bigha, Thana Chandi, Distt- Nalanda. ..... Petitioner. Versus The State of Bihar .... Opp. Party. ----------- 6 09.08.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Supplementary affidavit has been filed on behalf of the petitioner. The petitioner apprehends his arrest in connection with Chandi P.S. Case No. 210 of 2010 for the offences punishable under Sections 272, 273, 419, 420, 467, 468 of the Indian Penal Code and under Section 47A of the Excise Act, pending in the Court of Chief Judicial Magistrate, Biharsharif, Nalanda, is one of the named accused in this case but only on disclosure by one apprehended accused Muneshwar Prasad who is granted regular bail vide Cr. Misc. No. 44634 of 2010 passed on 16.03.2011, after sufficient detention, as one the partners of the factory fromwhere huge quantify of wine and other materials were recovered. Submission is that petitioner is at inimical terms with said Muneshwar Prasad who without any basis disclosed the name of the petitioner. 2 Learned Additional Public Prosecution after going through the case diary concedes that there is no material to show any such partnership. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner 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 Chief Judicial Magistrate, Biharsharif, Nalanda, in connection with Chandi P.S. Case No. 210 of 2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years of till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Bhardwaj (Akhilesh Chandra, J)