IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28833 of 2011 Shyam Sundar, Son of Raja Ram Singh, R/o Village Mahesh Parari, P.S. Uphara, District Aurangabad. -------Petitioner Versus The State Of Bihar -----Opposite Party ----------------- 03/- 29/11/2011 Supplementary affidavit has been filed on behalf of the petitioner. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 87 dated 28/01/2011. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 121, 121a, 124(A), 216, 120B of the Indian Penal Code and Section 17 of C.L.A. Act, is one of the named accused in this case, but only as a suspect since during raid in the hospital premises, one bag containing some papers and magazine was also recovered indicating name of petitioner as the owner of such bag. Submission is that a co-villager and relative of the petitioner was admitted in the hospital for treatment on 25.07.2007 and he visited the place on 28.07.2007 and the bag was misplaced during such visit for which due intimation also has been given to the concerned authorities and such patient shall remained admitted in the hospital till her death on 02nd August, 2007 and except recovery of such bag without any incriminating material, there is absolutely nothing against the petitioner, who also has clean antecedent. If, it is so, 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, Patna, in connection with Pirbahore P.S. Case No. 194 of 2007, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)