IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22049 of 2008 MAHESHWAR YADAV son of late Madhuri Yadav of village Champa, P.S.Arer,District- Madhubani. Versus 1. STATE OF BIHAR 2. Sotilal Yadav son of Janak Yadav, P.S. Simori Dubiayhitole,P.S.Bisti,District-Madhubani. ----------- 4 7.1.2009 By order dated 4.9.2008 ,petitioner’s provisional bail was continued till further orders of this Court, subject to the condition that. as agreed between the parties, the petitioner was required to pay by local cheques to the credit of the complainant Rs. 20,000/- per month and the last instalment was of Rs. 23,000/- in order to liquidate the entire amount admitted to be with him of Rs. 83,000/-This order was passed on 4.9.2008 and it was expected that if payments are made accordingly a,, the money claimed by the complainant-opposite party no.2 would have been paid off. The matter has now been listed as the petitioner was expected to file an affidavit showing compliance of the above condition . Learned counsel for the petitioner ,Mr. Ratnakar Jha states that he has no instruction from the petitioner. Learned counsel for the complainant- opposite party no.2 states that as per instruction received by him, the order of this Court has not been complied with. In such a situation I am left with no option but to recall the order of the provisional bail, as granted to the petitioner and cancelled the provisional bail of the petitioner. The learned Chief Judicial Magistrate,Madhubani, who 2 is in seisin of the case being C.R.No. 433 of 2005 would now take steps to secure the presence of the petitioner, whose provisional bail granted by this Court has been cancelled. This application for bail in anticipation of arrest thus stands rejected. SINGH (Navaniti Pd. Singh, J.)