IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5252 of 2010 BIJAY SINGH S/O CHATURI SINGH, R/O DHARAHARA. P.S. GOPALGANJ, DISTRICT-BHAGALPUR. --PETITIONER Versus THE STATE OF BIHAR --OPP.PARTY 4 25-10-2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. Petitioner is named accused but on mere suspicion and, as submitted by learned Additional Public Prosecutor vide paragraph 174 of the case diary, Police has found him innocent but the court below, as submitted by the learned counsel for the petitioner, has taken cognizance against the petitioner also. Considering the facts and circumstances of the case, 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 Additional Chief Judicial Magistrate, Naugachiya, in Gopalpur P.S. Case no. 255 of 2009, subject to the conditions 2 laid down under section 438(2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present before the court below on each and every date till hearing on the point of charge. 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