1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27901 of 2011 Ram Babu Prasad S/o late Ganga Prasad Shrivastava R/o Village- Bambaiya, P.S. Bibhutipur, District-Samastipur. --Petitioner Versus The State Of Bihar --Opp.party 3 21.11.2011 Heard. Petitioner is one of the accused in this six years old case. Submission is that petitioner’s name emerged during investigation as a person obtaining certified copy of recall order which was found fit. It is submitted that his name emerged only as a Clerk of particular Advocate whereas he is not attached with him. Moreover, at no point of time any attempt was made to serve any notice or execute any process upon him though charge sheet was submitted against another keeping the investigation pending against him. Learned Additional Public Prosecutor failed to point out anything showing any step taken against the petitioner during investigation. In view of the above, the petitioner, in 2 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, Begusarai, in Begusarai (Town) P.S. Case no. 70 of 2005, 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 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 cancelled. AAhmad ( Akhilesh Chandra, J.)