IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22359 of 2010 AMAR KUMAR AGRAWAL, Son of Sajjan Agrawal, Resident of Flat No. 202, Block-B, Hari Om Apartment, Exhibition Road, P.S. Gandhi Maidan, District Patna. ……..Petitioner Versus THE STATE OF BIHAR …….Opposite Party ----------- 04. 01.09.2010 Heard learned counsel for the petitioner, Additional Public Prosecutor for the State and learned counsel for the complainant- informant. Petitioner is named accused in this four years old case instituted on basis of Complaint Case No. 228 C of 2005, carries allegation that in the year 1998 he received Rs. 16,00,000/- from wife of the complainant-informant to purchase some railway scrap for running by wife of the complainant, but in spite of participating in auction taking scraps, failed to get the same arrived at the destination rather in the midst transferred to another company. Since, thereafter, almost for six years complainant waited for settlement of the dispute, but issued legal notice and roughly after a year lodged the complaint. No doubt, as submitted by learned counsel for the informant that investigation proceeded instantly could be expedited only after order of this Court in writ jurisdiction, but it is huge delay on the part of prosecution side. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks 2 of receipt of the copy of this order, petitioner, namely, Amar Kumar Agrawal, is directed to be released on bail on furnishing bail bond of Rs. 50,000/- (fifty thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai Kawaiya P.S. Case No. 244 of 2006, 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 three years or till disposal of the case whichever is earlier, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Praveen (Akhilesh Chandra, J.)