1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28619 of 2011 Tunnu Yadav S/o Ram Prit Yadav, R/o Village Malahi Khanda P.S. Naubatpur, District-Patna. --Petitioner Versus The State Of Bihar --Opp.Party 5 15.12.2011 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 in extra-judicial confession of co-accused who, apart from participation of the petitioner, also asserted that half of the stolen article was taken away by the petitioner but nothing could be recovered and except suspicion and averments in extra judicial confession, there is nothing against the petitioner and, as submitted, who has clean antecedent. If it is so, the petitioner, in the event of arrest or surrender within four weeks, is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with 2 two sureties of the like amount each to the satisfaction of Subdivisional Judicial Magistrate, Masaurhi, (District-Patna) in Masaurhi P.S. Case no.339 of 2010, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that petitioner shall remain present before the court below till disposal of the case. In case of failure to remain present on two consecutive dates without reasonable explanation, the privilege granted shall be deemed to be cancelled. AAhmad/ ( Akhilesh Chandra, J.)