IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27016 of 2010 SANTOSH KUMAR NAYAK, S/O SRI CHHOTE LAL NAYAK, R/O VILLAGE-SAHAR GHAT, P.S. SAHAR GHAT, DISTRICT-MADHUBANI. --PETITIONER Versus THE STATE OF BIHAR --OPP.PARTY 2 23.09.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. In this case, instituted against unknown, petitioner’s name emerged during investigation and as it further appears against two co-accused Police had already submitted charge sheet but due to abstention got investigation pending against the petitioner and this appears main ground for rejection of the prayer by learned Sessions judge. Considering the facts and circumstances, the petitioner, in the event of arrest or surrender within four weeks from today, is directed to be enlarged on bail on his 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, Darbhanga at Laheriasarai, in Darbhanga Town P.S. Case no. 62 of 2009, subject to the conditions laid down in Section 438(2) of the Code of 2 Criminal Procedure, with additional condition that the petitioner shall remain present before the court below on each and every date 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