IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16799 of 2009 JAI PRAKASH CHOUDHARY Versus STATE OF BIHAR & ANR 5 11.11.2009 Heard counsel for the petitioner and the State as well as learned counsel appearing on behalf of Opposite party no.2. The petitioner prays for cancellation of bail granted to Opposite party no.2 in view of the order dated 6.1.2009 passed in Cr.Misc.No.26585 of 2008. On written complaint of Branch Manager, Bihar State Financial Corporation, Banka P.S. Case No. 212 of 2004 was lodged against Opposite party no.2 under sections 379, 420, 424, 467, 468 and 477 of the Penal Code. The Opposite party no.2 was allowed regular bail on 16.12.2005 vide Cr. Misc. No.13134 of 2005. The petitioner submits that this court had imposed certain conditions while granting bail to Opposite party no.2 but he has violated the aforesaid conditions and did not negotiate with the Corporation for payment of legitimate dues as was assured before this court. It would appear from the reply to the show cause filed on behalf of the petitioner that the Opposite party no.2 was directed to pursue negotiation with the Bihar State Financial Corporation which he did not do so and he is delaying completion of the trial. Counsel for the Opposite party no.2 submits that the Bihar State Financial Corporation has passed final order but it is not very clear how much the Opposite party no.2 has to pay and how much the - 2 - KHAN petitioner has to pay. He submits that the certificate case has also been initiated. After hearing counsel for the parties, this court observes that the Opposite party no.2 must effectively comply with the direction issued by this court earlier. It is further directed that the Opposite party no.2 would not absent himself in the court below for two consecutive dates till three witnesses are examined in trial. With the aforesaid observations and directions, this application stands disposed of. (S.P.Singh,J)