IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16821 of 2010 NARESH YADAV S/O LATE MADHUSUDAN YADAV, R/O VILLAGE-BASMATIYA, P.S. CHANAN, DISTRICT- LAKHISARAI. --PETITIONER Versus THE STATE OF BIHAR --OPP.PARTY 4 28.09.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. In this case, instituted against unknown, on recovery of a dead body of unknown person who could subsequently be identified, petitioner’s name emerged during investigation on mere suspicion. As it also appears from the order of the learned Additional Sessions Judge that there is nothing in the case diary against the petitioner and only because no process was issued against him prayer for anticipatory bail was refused but on the basis of paragraph 34 of the case diary, it is pointed out that raid in the house of the petitioner has already been conducted to apprehend him. Considering the facts and circumstances, the petitioner, in the event of his arrest or surrender within four weeks from today, is directed to be enlarged on bail on his 2 furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai, in Lakhisarai (Chanan) P.S. Case no. 325 of 2009, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present before the court below till disposal of the case. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be cancelled. (Akhilesh Chandra, J.) AAhmad