IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17956 of 2011 Nehaluddin Versus The State Of Bihar ------------ For the petitioner : Mr. Rasid Izhar, Adv. For the State : Mr. Damodar Pd. Tiwary, APP ******* 05. 29.08.2011 Supplementary affidavit has been filed on behalf of the petitioner. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Complaint Case No. 4(C)/1999, Trial No. 1286/99, pending in the court of Judicial Magistrate, Rachna Raj, Patna, is one of the two named accused in this twelve years old complaint case with allegation of purchasing a car by diverting the fund allotted for other purposes. Submission is that the car is still under custody of the board. Moreover, for last several years further proceeding of the court below remained stayed vide order dated 28.02.2000 passed in Cr. Misc. No. 33502/1999, through which quashing of the complaint case was sought but ultimately vide 2 order dated 25.06.2010, due to absence of the petitioner an another (both the accuseds). It was dismissed with certain observations made therein. Considering the facts and circumstances of the case, especially much delay already caused, in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Rachna Raj, Patna, in connection with Complaint Case No. 4(C)/99, Trial No. 1286/99, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for three years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.)