IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17431 of 2008 SHIV PRAKASH NARAIN S/O LATE RAM PRASAD --- PETITIONER Versus 1. THE STATE OF BIHAR 2. SRI SARYUG PRASAD SON OF LATE GOPI SAH -- OPP. PARTIES. For the Petitioner : Mr. N.K.Agrawal, Sr. Advocate. For the O.P.No.2 : Mr. Syed Asghar Najmi, Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 03 27.09.2010 Heard the parties. Petitioner is accused of complaint case registered under Section 138 of Negotiable Instrument Act and Section 420 of the Penal Code. He is aggrieved by order dated 11th January, 2008 whereby the bail bond(s) furnished by the petitioner was directed to be cancelled as the petitioner defaulted in appearance on few date(s) and non bailable warrant of arrest was directed to be issued. It is admitted position that petitioner had earlier assailed the order taking cognizance before this Court which stood disposed of by order dated 23.03.2007 directing the Court below to conclude the trial within a particular time frame. From the order dated 09.07.2008, passed on the present application, it appears that this Court directed the Court below not to take any coercive step against the petitioner in connection with the present case. However, this Court made it clear that this order will not come in the way of the petitioner appearing in the Court and the proceeding continuing in the Court below itself. Orders have been placed before this Court to indicate that the learned trial Court is awaiting disposal of this case. At this stage, Mr. N.K.Agrawal appearing on behalf of the petitioner states that he shall be depositing a sum of Rs. 50,000/- (Fifty thousand) within 02 weeks from today in the Court below without 2 prejudice to his right/ claim/ interest in the present proceeding as well as in the civil proceeding which is said to be pending between the parties. If the petitioner deposits the aforesaid amount in the Court below within the aforesaid time and makes an application for bail, learned Court below shall release him on bail on furnishing bail bond of Rs. 10,000/-( Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna in Complaint Case No. 1844( c) of 2002 subject to the following conditions:- (i) One of the bailors should be the own/close family member of the petitioner. (ii) The petitioner shall continue to appear in person before the Court below on the date(s) fixed at the trial in the proceeding till the charge(s) are framed. (iii) The amount, if deposited in terms of the present order in the Court below, shall be made over to the complainant under receipt which shall be subject to the final disposal of the case. Let a copy of this order be transmitted to the Court below through FAX at the cost of the petitioner. The application stands disposed of. Sym ( Kishore K. Mandal, J.)