IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42051 of 2011 Shivnandan Sharma @ Shivnandan Mistry Versus The State Of Bihar ---------------------------------- 2. 14.12.2011 Heard counsel for the petitioner and counsel for the State. The petitioner apprehends his arrest in connection with R.P.F./Post/Kahalgaon P.S.Case No. 5 of 2011 under Section 3(a) of R.P.(U.P.) Act, 1966. As per the F.I.R. it appears that on a raid of Vishwakarma Engineering Shop of the petitioner two pieces of railway line of 2 feet and 2 ½ feet were recovered and his son Kumar Gaurav was arrested. Counsel for the petitioner submits that the petitioner has no criminal antecedent and he is aged sixty years and physically not in a condition to run the shop. The petitioner is only the name lender and the shop is being run by his son and he was arrested by the police. Looking to the facts of the case, let the petitioner Shivanand sharma alias Shivanand Mistry be directed to be released, either in the event of his arrest by the police or surrender before the court below within four weeks from today, on furnishing a bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Bhagalpur in the above noted case, subject to the conditions as laid down in Section 438(2) 2 Cr. P.C. as also with a condition that the petitioner will co- operate with the investigation and trial of the case and he shall remain present in the court on all dates either himself or through his counsel and if he remains absent for two consecutive dates, the trial court will have the liberty of cancelling his bond and remanding him to custody. He shall also remain present in the court on the date of framing of the charge. Kanth ( Shivaji kPandey, J.)