IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34913 of 2011 Kalim Mian @ Kalim Gaddi S/o Md. Noor Gaddi @ Md. Noor Raut, R/o Village- Bathana, P.S. Majhaulia, District-West Champaran. --Petitioner Versus The State Of Bihar --Opp.Party 3 08.12.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is one of the named accused in this case of assault. Submission is that except mere presence of the petitioner nothing is attributed against him. Further, the Police, after investigation, finding the case true but without any clue, submitted final form. However, taking different view cognizance was taken. Moreover, the petitioner also has no criminal 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 2 bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri P.K. Shukla, Judicial Magistrate, first class, Bettiah, West Champaran, in Majhouli P.S. Case no. 297 of 2009, 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 for two years or till disposal of the case, whichever is earlier. 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.)