1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21658 of 2011 Dinesh Singh Yadav S/o Sri Dharichhan Singh, R/o Village Barnaon, P.S. Jagdishpur, District-Bhojpur (Arrah). --Petitioner Versus The State Of Bihar --Opp.Party 3 14.09.2011 Heard learned counsel for the Petitioner and learned Additional Public Prosecutor for the State. Petitioner is one of the named accused in this eight years old case of rioting and arson during a protest procession. Submission is that petitioner’s name emerged only on the extra judicial confession of apprehended accused and that too with fake identity and address. Police, during investigation recently sought requisition on correct address. There is nothing specific alleged against the petitioner. Learned Additional Public Prosecutor inspite of having carbon copy of the case diary up to 174 paragraphs could not be able to show how and why the petitioner, who was local Mukhiya at the relevant time and had disclosed in 2 extra judicial confession in same capacity, could not be traced out or Police could be able to locate his correct parentage and address recently. Considering the facts and circumstances, the petitioner, in the event of arrest or surrender within four weeks from today, is directed to be enlarged on bail on furnishing bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Ara in Ara Nawadah P.S. Case no. 0003 of 2003, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present before the court below on each and every date till disposal of the case. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be canceled. AAhmad ( Akhilesh Chandra, J.)